Approved Variance 2L Town of Yaupon Beach V-2 (Variance Completion)

State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director AVA DEHNR December 14, 1994 The Honorable May W. Moore, Mayor Town of Yaupon Beach 518 Yaupon Drive Yaupon Beach, NC 28465 Subject: Groundwater Compliance Boundary Variance for the Town of Yaupon Beach Dear Mayor Moore: This is to inform you that the Environmental Management Commission, in their December 8, 1994 meeting, approved the subject groundwater compliance boundary variance: This action by the Commission grants a variance to 15A NCAC 2L .0107 (b) by establishing the eastern compliance boundary on property owned by Carolina Power and Light Co. A map is enclosed to illustrate the general location of the compliance boundary, however, the exact compliance boundary location for the entire facility shall be described as follows: A line that is 250 feet away from the waste disposal pond or 50 feet inside the property line, whichever is closer to the waste disposal pond, except on the eastern side of the property, which is described by a line starting at the compliance boundary on the north side. of the treatment facility property and travelling southward 50 feet within the eastern property line to a point 50 feet within the mean high water elevation line of the edge of the marsh, and travelling southward and eastward along a line that is 50 feet within the mean high water elevation line of Dutchman Creek and the edge of the marsh, across property owned by Carolina Power and Light Co., until it converges with the compliance boundary line that is located 50 feet within the property line along the south side of the treatment facility property. This map also indicates 3 new monitoring wells that will be proposed for the nondischarge permit covering the facility expansion. These wells will allow the Division to monitor potential impact at the review boundary so that any corrective action that may be necessary, can be taken before it becomes a compliance problem. This variance approval satisfies one of the requirements for resubmittal of the nondischarge permit application, which was returned to you October 12, 1994. P.O. Box 29536, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone] An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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Mayor Moore
Town of Yaupon Beach
December 14, 1994
page 2
If there are any questions regarding this matter, please contact Mr. Jack Floyd at 919-733-
3221.
cc: Rick Shiver
Sincerely,
~~7
Arthur Mouberry, P.E.
Chief, Groundwater Section
Carolyn McCaskill, Permits and Engineering, Water Quality Section
David Hance
Robert Graham, P.E., Boney and Associates
Central Files
Permit Files
attachment
·state of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
MEMORANDUM
GROUNDWATER SECTION
October 28, 1994
To: EMC Groundwater Committee
From: Arthur Mouberry, P. E. ~
Chief, Groundwater SectiW
Through: Preston Howard~~
Subject: Town of Yaupon Beach
AVA
DEHNR
Variance Request from lSA NCAC 2L .0107
Brunswick County
This item has been on the agenda of the Groundwater
Committee for the past two meetings. Several external factors
became involved that required us to remove this item from the
full EMC agenda in October. These factors have now been
addressed. The Water Quality Section has returned Yaupon Beach
expansion request. A condition for the resubmittal of the
expansion request is that the Town must first obtain the required
variance from the Groundwater Section. ·
The Town has expressed a concern over this change in
procedural order. They have requested that the Division and EMC
take their variance request under consideration at their December
meeting. This would require the EMC Groundwater Committee to
review this item at their Wednesday committee meeting and the
full EMC to take this item under consideration on Thursday.
Please review the attached information and we can discuss how the
committee wants to proceed when we have the EMC work session on
Thursday, November 10, 1994.
We have also attached some additional information on the
Groundwater's Section review of this variance request for your
consideration. The Groundwater Section feels that all of the
conditions outlined in the variance request procedure have been
addressed and that this request is ready for consideration by the
full EMC.
Please call me at 919-733-3221 if you have any questions on
this matter.
P.O. Box 29536, Raleigh, North Carolina 27626-0535 Telephone [phone] F~ 919-715-0588
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
October 25,
TOWN OF YA UPON BEACH
518 Yaupon Drive
1994
Yaupon Beach, N.C. 28465
(919) -278-5024
Mr. A. Preston Howard, Director
Division of tn vi ronmental Management
P. 0. Bo >< 29535
Raleigh, N. C. 27626-0535
Dear Mr. Ho 1,.1ard :
received from you by phone
1994. I have asked our
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I appreciate the information I
yesterday , Monday, October 24,
3ngineer, Boney and Associates to supply you the following:
1 . All t est data received from Shellfish beginning in
early July. Previous to that time I believe that they we re
only testing the mouth of the CP&L canal. As a result there
is no way to pinpoint sources of coliform bacteria in the
creek except to state that there were repeated incidences of
high bacteria levels in the canal before our plant began to
op,::=:rate.
2. The report received from our hydrogeologist, Mr. Ed
Andr9ws, dated on September 12, 1994.
3. Our bimonthly testing reports from the WWT plant.
In return you agreed to supply me with the data in your
pos sess ion which is the basis of your statement that the
quality of the effluent our plant is producing is poor.
I am requesting an addition that your office supply tom~
questions which you wish to have ·answered before you considsr
our application for a variance concerning the location of the
Groundwater Compliance Boundary. We want to answer any and
all questions in a timely manner and to have our variance
considered in December.
Thank you for your consideration.
Sincerely,
i 1 : ' ,(.;' 1 ' '! •'1 "' /., l., • ,• S / V l,,1,"--j./ ~L-/ r v\... '--;1 ~
-' / May w~· Moore, Mayor
cc: Representative David Redwine
Ed Turlington, Governor's Office
Rick Shiver, OEM Wilmington Regional Office
Dave Adkins, DEM Wilmington Regional Office
/Arthur Mouberry, Director, Groundwater
Boney and Associates
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:page 2
October 12, 1994
Town of Yaupon Beach
Please be advised that construction and/or operation of wastewater treatment facilities without a
valid permit is a violation of North Carolina General Statute 143-215.1 and may subject the Town of
Yaupon Beach to appropriate enforcement actions in accordance with North Carolina General Statute 143-
215.6 . Civil penalties of up to $10,000 per day per violation may be assessed for failure to secure a
permit required by North Carolina General Statute 143-215.1.
The remaining applications, plans, specifications and support material will be returned to you
under separate cover. If you have any questions or comments concerning this matter, please contact Mr.
Michael D. Allen at [phone] .
cc: Wilmington Regional Office, Water Quality
Wilmington Regional Office, Groundwater
Jack Floyd, Groundwater Section, Central Office
/"-'"'L..-, vj£,_
res n oward, Jr., P.E.
Shellfish Sanitation Branch, Division of Environmental Health
Boney and Associates, Inc.
-..,cate of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor NA
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director D E HNR
CERTIFIED MAIL-RETIJRN RECEIPT RE QUESTED
The Honorable May W. Moore, Mayor
Town of Yaupon Beach
518 Yaupon Drive
Yaupon Beach, North Carolina 28465
October 12, 1994
Subject Administrative Amendment
Permit No. WQ0005790
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Wastewater Treatment and Disposal'Fa~ties
Brunswick County -:--
Dear Mayor Moore:
The Division returned on this same date, the Town of Yaupon Beach's request for an expansion tQ
the existing wastewater treatment and high rate disposal facility in a separate permit action. This action
was taken by the Division as a result of the problems aJsociated with the existing wastewater treatment
facility and, more specifically, the failure of the high rate infiltration disposal fields at flows significantly
less than the design flow of 400,000 GPD.
In order for the Town to demonstrate that the existing facilities are capable of treating and
disposing of the design flow and thereby allowing the Town to resubmit a request for an expansion of this
facility at a later date, the Division has detennined that an administrative amendment to the subject pennit to
require monitoring of the groundwater from the underdrains is necessary. This amendment is being done
in accordance with permit condition number m, 1 which states that any monitoring deemed necessary by
the Division of Environmental Management to insure surface and groundwater protection will be
established and an acceptable sampling and reporting schedule shall be followed. Therefore, Permit No.
WQ0005790 is hereby amended, effective sixty days from the date of your receipt of it, to include the
following monitoring requirement:
Grab samples of the groundwater from the under-drains shall be collected and analyzed for
fecal coliform, chlorine, chlorides and total dissolved solids on a monthly basis. Three (3)
copies of the sampling results shall be submitted on or before the last day of the following
month to the following address:
NC Division of Environmental Management
Water Quality Section
Facility Assessment Unit
PO Box 29535
Raleigh, NC 27626-0535
P.O . Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
· 50% recycled.I , 0% post-consumer paper
E'age2
October 12, 1994
· Town of Yaupon Beach
All other terms and conditions of Permit No. WQ0005790 issued June 14, 1993 shall remain in
full force and effect. H you have any questions or comments concerning this matter, please contact Ms.
Carolyn D. McCaskill at [phone].
cc: Wilmington Regional Office, Water Quality
Wilmington Regional Office, Groundwater
Jack Floyd, Groundwater Section, Central Office
Water Quality Section, Facilities Assessment Unit
Shellfish Sanitation Branch, Division of Environmental Health
Boney and Associates, Inc .
Central Files
To:
From:
...
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
October 27, 1994
Arthur Mouberry
Subject:
Jack Floyd, P.E. ~
Town of Yaupon Beach
Request for Variance from 15A NCAC 2L .0107
Application No. WQ0005790/GW93303
Brunswick County
Per your request, I have gone through the Y aupon Beach permit action file and have compiled
a brief summary of the information on each of the items listed in Rule 2L .0113. This
summary is similar to the one I provided on April 25, 1994. I have listed below each rule
and a summary of the information received from the Town and my evaluation of that
information:
1. Rule 1: Applications filed b y counties or munici palities must include a resolution of
the County Board of Commissioners or the governing board of the munici pality
re questing the variance.
A copy of a resolution from the Town Board dated March 14, 1994 was provided in
their response to our request for additional information (See Attachment I).
2. Rule 2: A descri ption of the past. existing or pro posed activities or o perations that
have or would result in a dischar ge of contaminants to the gr oundwaters.
The initial nondischarge permit application contained an existing infiltration pond that
would be expanded toward CP&L property allowing discharge of treated wastewater in
areas closer to the CP&L property line and subsequently to Dutchman Creek. An
adequate description of the expansion is given in the nondischarge permit application
documents.
3. Rule 3: Description of the proposed area for which a variance is requested. A
detailed location map, showing the orientation of the facili ty, potential for groundwater
contaminant migration, as well as the area covered by the variance request, with
reference to at least two geo gr aphic references (numbered roads , named streams/rivers,
etc.) must be included.
A general site map and a specific compliance boundary map, including the compliance
boundary that is subject to the variance is included in the permit application (See
Attachment II). Also a description of the site is provided in the permit application that
describes the proposed wastewater disposal expansion, including the expansion of the
infiltration pond, as well as an easement agreement with CP&L for the property
affected by the compliance boundary variance (See Attachment III).
4. Rule 4: Supp ortin g information to establish that the variance will not endanger the
public health and safe ty, includine health and environmental effects from exposure to
groundwater contaminants. (Location of wells and other water supp ly sources
including details of well construction within 1/2 mile of site must be shown on a map).
No wells are said to be located within 1000 feet of the area. No request was made to
extend such a well survey beyond 1000 feet. As this rule addresses human exposure
of waste constituents in groundwater at this site, no further clarification was requested
due to the restricted access to the town and CP&L properties, as well as the
creek/canal area. Due to the nature of the properties involved no water supply well
will ever be developed on these properties.
The Groundwater Section determined that a well or water supply intake survey beyond
1000 feet was not necessary due to the area under consideration. This area is a
complete groundwater discharge area with the predominant southwest flow direction
toward Dutchman Creek. Looking at the USGS map in Attachment II, there is
virtually no development in the southeast direction. Any groundwater flow from the
infiltration pond would be intercepted by the nearest surface water body. In this case
Dutchman Creek is the first surface water body encountered. It is highly unlikely that
a surface water intake would be developed anywhere downstream of the Yaupon Beach
facility, primarily due to ambient water quality, as well as other environmental
considerations. Typical coastal water supply development utilizes groundwater from
deeper aquifers to supply potable water.
A survey was also not considered necessary for areas upgradient of the infiltration
pond. A 1/2 mile distance toward the northwest would encompass several residences
and businesses along Highway 133. The Groundwater Section is not aware of how
many wells are serving these residences and businesses, however, due to topography
and particularly the natural groundwater flow direction, adverse impact to these
residences and businesses was considered extremely remote. Therefore additional well
surveys beyond the 1000 feet were not requested.
The subject variance request was made to protect the groundwater standards at a
relocated compliance boundary and provide an area of attenuation. The entire
wastewater treatment and disposal system was designed to meet this goal, a system that
uses conventional and acceptable treatment and disposal methodologies for coastal
areas. In pursuit of this goal, the Town provided a flow analysis to demonstrate
predicted flow patterns of groundwater. These patterns were demonstrated to be
affected by the use of line sinks (manmade drainage, underground drainage tiles, or
natural waterways) that would cause groundwater to flow toward them. The steady
state groundwater flow direction was predicted to be radial in virtually all directions,
using manmade drainage to the south and west, and natural marshes and a creek to the
north and east. No information on contaminant transport was provided by the Town.
Instead the Groundwater Section used a simple model to predict transport of a slug of
inorganic contamination. Our model predicted that such a slug would exceed a
groundwater standard at a compliance boundary located pursuant to the rule, and
would also likely exceed the standard at the proposed compliance boundary. These
..
predictions were made without consideration of any line sinks, as given in the subject
application. Our intent was to develop a worse case scenario. These results are why
the flow modeling predictions play a key role in the overall decision making process.
These results are also significantly mitigated by the fact that existing groundwater
quality monitoring data shows that groundwater standards are being protected at the
current compliance boundary.
The Town's modeling effort indicated that an artificial and natural drainage system
would adequately mitigate any contaminant from exceeding the groundwater standards
at the proposed compliance boundary by intercepting groundwater flow. This position
is corroborated by the existing groundwater quality monitoring data. Given this
information, the Groundwater Section predicts the system will maintain compliance
with the groundwater standards at the proposed compliance boundary. The
Groundwater Section also believes this collective effort was satisfactory to demonstrate
that no public health threat existed.
While groundwater quality standards are not suspected to be threatened, the use of line
sinks in this manner, albeit acceptable practice in coastal wastewater disposal systems,
raises another issue concerning surface water quality. If groundwater is being
intercepted by these line sinks, what effects is the disposal system having on surface
waters? Because the subject variance deals only with protection of groundwater
quality standards at a compliance boundary, no information was requested regarding
the potential impact to surface waters from the disposal system. The Groundwater
Section relied completely on the Water Quality Section to evaluate the proposed line
sink discharges and the effects that discharge would have on the receiving waters. In a
staff report dated April 18, 1994, the Wilmington Regional Office water quality staff
recommended issuance of the expansion permit. Keep in mind that revelations of
operational problems were not discussed until September and October, two months
after the public meeting record was closed.
Since the facility inspections conducted in early October, the Groundwater Section has
learned that analysis of the water in the manmade line sink discharge indicated no
evidence of fecal coliform contamination. I am unaware of any other analytical data
from this sampling event. Furthermore, the Shellfish Sanitation Branch has performed
a dye study of the infiltration pond to determine if any short circuiting of wastewater
was occurring and causing a direct discharge of wastewater to the creek by means of
the line sink drainage tile. The dye was added October 7, 1994, and as of October 26
no evidence of dye had been shown in the line sink or creek.
These comments are simply designed to convey the thought process used to review the
subject variance and permit application. This whole permit/variance review process is
designed to protect groundwater quality standards at a compliance boundary. Other
issues addressing impact to surface waters should be addressed under the guidance of
15A NCAC 2H .0200. If the manmade line sinks are causing a surface water problem,
the Water Quality Section should evaluate this potential impact and adjust the distances
from the infiltration pond to the drainage tiles accordingly. I believe that the applicant
and Groundwater Section staff have adequately demonstrated that the proposed system
should protect groundwater quality at the proposed compliance boundary and
adequately protect public health.
5. Rule 5: Supp orting information to establish that requirements of this rule cannot be
achieved by providin g the best available technolo gy economicall y reasonable. This
information must identify s pecific technolo gy considered , and the costs of
implementing the technolo gy and the im pact of the costs on the a pp licant.
The requirement of the compliance boundary rule 2L .0107 is that the placement of
the compliance boundary will be at either 250 feet from the source or 50 within the
property line, whichever is closer to the source. A best available technology (BAT)
could possibly include alternative methods of wastewater disposal and alternative
wastewater treatment systems.
Regarding the alternative wastewater treatment systems, the present system in place at
the Y aupon Beach facility is a tertiary package plant with chlorination and
dechlorination. Other additional treatment systems might include reverse osmosis, ion
exchange, or carbon absorption, none of which are economically viable technologies
for municipal wastewater treatment.
More appropriately, a BAT would probably be any other disposal method that would
allow placement of the compliance boundary as stated in the rule. This would require
the relocation of the disposal unit, which in turn would require the acquisition of
additional lands. Any BAT that would satisfy this rule is so obviously more costly
than the present alternative of using an infiltration pond. This is why no specific
economic cost analysis of alternatives was requested.
On October 12, 1994 the Town responded to several inquiries regarding this very
issue. They make a similar statement that the costs of relocating the wastewater
disposal facility far outweigh the subject proposal. Furthermore, the Town states in
their letter that subject wastewater disposal alternatives were review in the 201
facilities planning process. The Groundwater Section believes that any additional cost
analysis would be futile and repetitious and would likely draw the same conclusions as
given in the 201 Facilities Plan.
6. Rule 6: Su pp orting information to establish that comp liance would produce serious
financial hardshi p on the a pp licant.
No response was requested from the Town as stated in No. 5 above.
7. Rule 7: Supportin g information that compliance would produce serious financial
hardshi p without equal or greater public benefit.
8.
No response was requested from the Town as stated in No. 5 above.
Rule 8: A co py of an y Special Order that was issued in connection with contaminants
in the pro posed area and supp ortin g information that app licant has com plied with the
Special Order.
... "I' f J
No response was requested from the Town because no Special Order has been issued
for operation of this facility.
9. Rule 9: A list of the names and addresses of any property owners within the proposed
area of the variance as well as any property owners adjacent to the site covered by the
variance.
This information was provided by the Town. The only property owners are: CP&L,
Standard Products, Inc., and the Town.
These comments are prepared to enlighten you to the process taken by the Groundwater
Section to review and process this application. I believe adequate consideration was given to
each item listed in the variance rule (2L.0113). While there are areas that were not addressed
directly by the applicant, I believe the intent of the rules was satisfied ·and sufficient effort
was made to ensure protection of groundwater quality standards at the compliance boundary.
If I need to provide any other information to support the staff review of this application,
please let nie know.
cc: Bob Cheek
Willie Hardison
attachments
jf\c:yauvar
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MEMORANDUM
TO:
Through:
Through:
From:
Date:
Subject:
A. Preston Howard, Jr., P.E., Director
Division of Environmental Managi i er✓,i
Harlan Britt, Deputy Director w~
Division of Environmental Manag ment
Arthur Mouberry, P.E., Chief ~/
Groundwater Section (!'j;/'
Willie ~on, Regional Groundwater
Washington Regional Office
August 12, 1994
Supervisor
Hearing Officer's Report and Recommendation Variance
Request From the Compliance Boundary Requirements of 15A
NCAC 2L. 0107
Town of Yaupon Beach (Permit No. WQ0005790)
Yaupon Beach, North Carolina -Brunswick County .;:.-
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In accordance with your memo dated June 1, 1994, a publici::5~~
hearing was held on Thursday, June 23, 1994, at 7: 00 pm in ::-the,~':?,
Fellowship Hall of the Ocean View United Methodist Church, .:.60~'.:".']
Yaupon Drive, in Yaupon Beach, North Carolina. I served .as '-:~heSj~;~
Hearing Officer for the meeting and a summary of the Public Hear--.ing:fl ........
which includes my recommendations is attached for your reviewi:lnck~
consideration.
The issue concerns whether the Environmental Management
Commission (EMC) should approve or deny a request for a variance
from the Compliance Boundary Requirements as specified in 15A North
Carolina Administrative Code (NCAC) 2L.0107(b). In accordance with
15A NCAC 2L. 0113 (a) and North Carolina General Statute 143-
215. 3 (e), The Environmental Management Commission (EMC) has the
authority to approve or deny a request for variance from the
Compliance Boundary requirements contained in 15A NCAC 2L. 0107.
All rules governing variances to the Subchapter 2L rules are found
in 15A NCAC 2L. 0113 and have been met by the permittee requesting
the variance and the Groundwater Section.
Attached for your review and consideration is a report which
summarizes: (1) the background history of the facility, (2) the
results of the Public Hearing held on June 23 and (3) my conclusion
and recommendation. Also attached are documents considered
relevant to this variance request.
Should you have any question regarding this report or my
recommendation, please don't hesitate to call me.
WAH/ksf
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HEARING OFFICER'S REPORT
TOWN OF YAUPON BEACH
VARIANCE TO REQUIREMENT OF 15A NCAC 2L.0107
Permit Backg round:
On August 14, 1992 the Environmental Management Commission
issued a Permit to the Town of Yaupon Beach ( Permit No. WQ0005790)
for the construction and operation of a 400,000 gallon per day
(gpd) wastewater treatment facility. This permit was effective
from the date of issuance until July 31, 1997.
On June 14, 1993 the Environmental Management Commission
issued a Permit Modification. The modification was due to the
change in design from the extended aeration treatment facility with
drop diffusers, to a poured in place aeration basin with six
diffusers. This permit voided the previous permit issued August
14, 1992.
The Town of Yaupon Beach relies on a High Rate Infiltration
Wastewater Treatment and Disposal System to serve their wastewater
treatment purposes. Wastewater is treated at the plant site and
discharged to a 125,000 square foot infiltration lagoon. The
present treatment capacity of this facility is 400,000 gallons per
day. On December 22, 1993 the Town of Yaupon Beach requested a
permit application to expand the town's wastewater treatment and
disposal system. The town proposes to expand the total treatment
capacity of this site to 500,000 gallons per day. In order to
accomplish this expansion, the town has proposed to add a new
wastewater treatment plant and expand the area of the infiltration
lagoon by 70,000 square feet. The proposed expansion will take
' .
Page 2
place within the property of the wastewater treatment facility.
On February 9, 1994 the Groundwater Section informed the Town
of Yaupon Beach that, due to the proximity of the expansion area to
the adjacent property owned by Carolina Power and Light Company
(CP&L), the proposed expansion and upgrade of this wastewater
treatment facility will not meet the distance requirements of 15A
NCAC 2L • 0107 (b) • Pursuant to 15A NCAC 2L • 0107, Compliance
Boundaries are to be located within 250 feet from the waste source
or so feet within the property line, whichever distance is closer.
Without a variance, the present compliance boundary at this
facility would intersect the treatment lagoon. The town was
instructed that an application for a variance, meeting the criteria
contained in 15A NCAC 2L. 0113(a) through (d), was needed so that
the facility would accommodate the expansion of the infiltration
lagoon and meet the requirements of 15A NCAC 2L (SEE ATTACHMENT
# 1)
On April 18, 1994 the Town of·Yaupon Beach sent information
supporting the request for a variance to the compliance boundary
requirements. A joint resolution from the Yaupon Beach Town
Commissioners adopted March 14, 1994 was included with this
information to meet the requirements of 15A NCAC 2L .0113(c) (1)
(SEE ATTACHMENT# 2). In addition, the town also sent a copy of
the easement agreement sealed November 22, 1994 with the adjacent
property owner, Carolina Power and Light Company (SEE ATTACHMENT
# 3).
Page 3
This variance request, with the recommendation of the
Wilmington Regional Office and the recommendation of groundwater
staff favoring the request and containing adequate supporting
documents, was sent to the Director of the Division of
Environmental Management on May 4, 1994. On May 9, 1994 the
Director approved.this variance request to proceed to public notice
and hearing in accordance with 15A NCAC 2L. 0113(e). The Public
Hearing was scheduled for June 23, 1994 and Willie Hardison was
designated as Hearing Officer.
Public Hearing Notification:
Notices of the public hearing were published in the May 22,
1994 edition of the Wilming ton Star-News, the May 25, 1994 edition
of The State Port Pilot, and the May 26, 1994 edition of the
Brunswick Beacon to meet requirements of 15A NCAC 2L .0113(e) (A).
In addition, approximately 375 notices of this variance request
were sent to persons listed in the "Groundwater Variance and
Regulatory Actions Mailing List" to meet the requirements of 15A
NCAC 2L. 0113 (e)(l)(F). The notice advised interested parties
that a public hearing was scheduled on June 23, 1994
(SEE ATTACHMENT# 4). The hearing was intended to ascertain the
concerns of citizens pertaining to the proposed variance for the
Town of Yaupon Beach. Notice of the public hearing was also given
to local property owners, local government officials and the county
health director in accordance with the requirements of 15A NCAC 2L
.0113(e) (SEE ATTACHMENT# 5)
' .
Page 4
Public Hearing Summary :
The Public Hearing was conducted as scheduled. The Division
was represented by four (4) staff members:
Willie Hardison
Jack Floyd
Bruce Reed
David Hance
Hearing Officer
Permits and Compliance Unit
Wilmington Regional Office
Recorder
Fourteen (14) citizens registered for the Public Hearing of
which two (2) requested to make verbal comments (refer to
ATTACHMENT# 6 -Attendance List). At 7:05 pm the Public Hearing
was called to order. Opening remarks were given by the Hearing
Officer, (SEE ATTACHMENT# 7) followed by the staff presentation
concerning the variance request, which was given by Mr. Jack Floyd.
Verbal comments were given by Mr. Mark Farrell and Ms. Elizabeth
Sell. In general, Mr. Farrell expressed his approval and was in
favor of granting the variance. Ms. Elizabeth Sell's comment was
more of a question relevant to the chlorination of wastewater
treatment effluent. Ms. Sell was informed that she may want to
contact the Water Quality Section in the Wilmington Regional Office
to have her question answered (ATTACHMENT # 8) • Following Ms.
Sell' s remarks, more time was allowed for additional public
comments. Since no other persons indicated a desire to speak, the
hearing was closed at approximately 7:40 pm. However, the citizens
were informed that the hearing record would remain open until 12:00
am (midnight) on July 25, 1994, and any person wishing to submit
written comments may do so until that date.
Page 5
During the period that the hearing record remained open, only
one written comment was received. The written comment was
submitted by Ms. Elizabeth Sell (SEE ATTACHMENT# 9). In summary,
Ms. Sell was inquiring for information regarding regulation and
standards applicable to the facility. Ms. Sell also requested
assurance that all agencies involved in protecting the public and
the environment will enforce the regulations that are current at
the time of construction. Mr. David Adkins, water Quality
Supervisor in the Wilmington Regional Off ice, was requested to
respond to Ms. Sell's letter (ATTACHMENT# 10).
Discussion:
The central issue before the Environmental Management
Commission (EMC) is whether or not to grant a variance from the
Compliance Boundary Requirements of 15A NCAC 2L. 0107, which if
granted would allow the Town of Yaupon Beach to expand their
wastewater treatment and disposal system. The Town of Yaupon Beach
proposes to increase the wastewater treatment capacity of the
facility to 500,000 gpd. In order to increase the wastewater
treatment capacity, the Town proposes to expand the infiltration
lagoon by 70,000 square feet.
Due to the location of the expansion area to adjacent property
owned by Carolina Power and Light Company (CP&L), the wastewater
treatment facility will not meet the Compliance Boundary
'"
Page 6
Requirements of 15A NCAC 2L.0107(b). There is sufficient
information showing the lack of suitable on-site property to locate
wastewater treatment facilities. This makes the proposed expansion
the most cost effective option for the town (SEE ATTACHMENT# 11-
lle FOR MAPS). Few options exist for expansion of these facilities
to other areas within the Town of Yaupon Beach. Facilities that
require NPDES permits or other Non-Discharge permits would be
costly alternatives.
The town had proposed this variance to establish the
Compliance Boundary on 12.662 acres of land owned by CP&L. This
expansion will occur on the southeast side of the treatment
facility. This would place the Compliance Boundary within 50 feet
of the high water mark for Dutchman's Creek. The buffer easement
is for land owned entirely by Carolina Power and Light Company.
This perpetual easement runs with the land, prohibits the
construction and operation of water supply wells, prohibits land
disturbing activities, and is recorded with the register of deeds
in Brunswick County. In addition, the easement allows for
groundwater monitoring and remediation by the State and the
utility. The expansion of the infiltration lagoon facility will be
located within the waste treatment facility property owned by the
Town of Yaupon Beach. The compliance boundary associated with the
existing facility and a portion of the expanded facility will
remain the same (SEE ATTACHMENT# ll[d]). All other adjacent
Page 7
properties are owned by the Town of Yaupon Beach except for land
owned by the Standard Products Company. This adjacent property
owner has expressed support for this variance.
Conclusions and Recommendations:
For the purpose of establishing whether or not to grant or
deny the Town of Yaupon Beach request for a variance, the following
issues were considered:
1. Notice of the Public Hearing was given in accordance with
North Carolina General Statute 143-215.4(b).
2. Public Hearing was held as scheduled in accordance with
the Notice of Hearing issued by the Environmental
Management Commission.
3. During the hearing, no comment expressing opposition to
granting the variance was given.
4. During the period that the hearing record remained open,
no written comments were received opposing the variance
request.
5. There are no known water supply wells (private or public)
within the area of the proposed variance request or
within 1000 feet of the Yaupon Beach property, according
to the Town and their consultant.
6. The Town of Yaupon Beach has been granted an easement by
CP&L for the purpose of wastewater treatment that has
been recorded with the Brunswick County Register of Deeds
Office (for items 5 and 6 refer to memorandum dated May
Page 8
27, 1994, from Mouberry to Marion Deerhake, Commissioner
EMC, ATTACHMENT# 12).
7. The recommendation of the Wilmington Regional Office.
8. The recommendation of the Groundwater Section Permitting
and Compliance Unit.
Based on the above issues, and subsequent discussions with
staff and after considering the Public Record, it is my
recommendation that the Environmental Management Commission
consider granting the Town of Yaupon Beach request for a variance.
ATTACHMENT #1
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management NA
James B. Hunt, Jr., Governor
Jonathan 8. Howes. Secretary DEHNR
A. Preston Howard, Jr., P.E., Director
The Honorable May Moore
Mayor, Town of Yaupon Beach
518 Yaupon Drive
Yaupon Beach, NC 28465
GROUNDWATER SECTION
February 9, 1994
Subject: Expansion of Yaupon Beach Wastewater Treatment Plant
Permit No. WQ0005790
Request for Variance from 15A NCAC 2L.0107(b)
Brunswick County
Dear Mayor Moore:
This is in reference to your application for a permit to expand the subject
wastewater treatment facility received December 22, 1993.
The subject permit amendment application contained a request to locate the
compliance boundary along Dutchman Creek. Regulations promulgated by the
Environmental Management Commission and codified as 15A NCAC 2L.0107(b),
stipulate the location of the compliance boundary as 250 feet from the waste boundary
or 50 feet within the property boundary, whichever is closer to the source. Location of
a compliance boundary that does not conform to this rule can only be granted by
approval of a variance to the rule in accordance with procedures described in rule
2L.0113. 1 have attached a copy of the applicable rules for your convenience.
Rule 2L.0113 makes certain requirements of both the permittee and the Division.
The permittee must provide certain informational items in the application for variance.
In addition to the application ma.terial that has already been submitted, several other
items are still needed to make your application complete. These additional items are
listed in rule 2L .0113(c) and summarized below:
I. A description of the exact variance that is being requested and a
resolution by the Town Board requesting the variance,
2. A description of the area for which the variance is requested, including a
detailed map of the area,
P.O. Box 29535. Raleigh. North Ccrclinc 27626-0535 Teiephone 919-733-3221 FAX [phone]
An Ecuci Ccocrtunity Af7irmotive .~c~ion :::--,:::ioyer 50~ recyc!ed/ iC% ;:::est-consumer paper
ATTACHMENT #1
. .. ATTACHMENT #1
the effluent into a 125,000 square foot infiltration lagoon. A proposed expansion
of the facility by 100,000 GPO would require an additional 70,000 square feet of
infiltration lagoon. This expansion would encroach an area that borders property
by CP&L. Per rule 2L .0107 the compliance boundary would be located 50 feet
within that property line and would intersect the infiltration lagoon.
3. Descrip tion of the area for which the variance is requested: The area within the
proposed compliance boundary is completely located on CP&L property. This
area is part of the banks for the CP&L discharge canal along Dutchman Creek.
Again please refer to the attached map.
4. Su pp orting information to establish that the variance will not endanger the public
health and safety ... : The area in question does not presently contain nor will it
ever contain any public water supply (groundwater wells or surf ace water
reservoir) due to the nature of the CP&L discharge canal and federal rules
prohibiting use of the canal zone for such purposes. Furthermore, access to the
area is restricted by both CP&L and the Town of Yaupon Beach.
5. Su pp orting information to establish that requirements of the rule cannot be
achieved b y providin g best available technology economically reasonable: Due to
acreage limitations, the Town has few alternatives regarding expansion of the
wastewater treatment and disposal facilities. The expansion proposal and nature
of the variance request does not necessarily require the use of best available
technologies. By establishing the compliance boundary pursuant to 2L .0107 the
compliance boundary would intersect the infiltration lagoon, requiring the
effluent to be in compliance with 2L .0202 prior to discharge into the lagoon.
6. Su pp orting information to establish that compliance would p roduce serious
financial hardship on the a pp licant: The existing wastewater treatment facility
does not have sufficient capacity for the continued growth and development of
the area. Few options are available for expansion into areas other than the
proposed area. Additional expenditures would be required to develop an
alternative to the proposed wastewater treatment facility. The proposed
expansion is the least costly alternative.
7. Su pporting information that comp liance would produce serious financial hardship
without e qual or greater public benefit: There is no public benefit by denying the
variance request. No water supply can be developed on the CP&L property and
access to the area is restricted. The cost that would be incurred due to
development of alternative wastewater disposal options would not be justifiable,
given the proposed wastewater disposal request.
8. A copy of any SOC ... : No Special Order by Consent has been issued for the
subject wastewater disposal facility.
9; A list of names and addresses of pro p erty owners ... : CP&L is the only property
ATTACHMENT #1
ATTACHMENT #1
owner affected by the subject variance request. All other property is owned by
the Town of Yaupon Beach. CP&L has been notified as evidenced by their
consent agreement with the Town.
If there are any questions regarding this matter or if any additional information
is needed, please let me know.
cc: Ted Bush
c:yaupon
ATTACHMENT #1
--·· -· ··--..-·
S 9 6 I
ATTACHMENT #3
Power & Light Company, dated: (al September 25, 1970, and recorded in Book 246,
page 404; and (bl September 13, 1971, and recorded in Book 260, page 147; and (2l
Carolina Power & Light Company to North Carolina Eastern Municipal Power Agency
dated: (a) April :21, 1982, and recorded in Book 497, page 121; (bl August 31,
1982, and recorded in Book 507, page 853; (c) October 15, 1982, and recorded in
Book 511, page 673; (d) November 30, 1982, and recorded in Book 515, page 185;
and (e) April 29, 1983, and recorded.in Book 527, page 730, all Brunswick County
Registry, for the sole purpose of establishing a buffer zone easement area in
connection with the waste water treatment facilities of the TOw"N on its adjoining
property, wi~h said easement area being more particularly described as follows:
Lying and being in Smithville Township, Brunswick County,
North Carolina:
BEGINNING at a point being located at the southeastern corner
of that 12.662-acre tract of land described in a deed from Carolina
Power & Light Company to the To\11?1 of Yaupon Beach, dated October 22,
1992, and recorded in Book 907, page 576, Brunswick County Registry,
said point also being located at the approximate mean high water
line of the west bar.k of Dutchman's Creek; and runs thence along and
with the eastern property line of said 12.662-acre tract of land the
following courses and distances: North 02 degrees 01 minute 16
seconds West 177. 65 fee·t to an iron pipe and a curve to the right
for arc distance of approximately 350 feet, said curve ha-ving a
radius of 3635.97 feet, to a point being located at the approximate
mean high water line of said Dutchman's Creek; and the..~ce along and
with said mean high water line the following courses and distances:
southeastwardly approximately 350 feet to a point and
southwes~wardly approximately 250 feet to the point of BEGINNING,
encompassing i acre , more or less, as shown on Carolina Power &
Light Company ·Drawing No. ~-D-B762 (dated September 30, 1992,
revised 8-31-93), which Drawing is incorporated herein by reference
and made a part hereof.
This EASEMENT will be for a buffer zone only, and will be utilized
pursuant to the rules and :::-egulations of North Carolina Division of Environmental
Management as follows:
1. That this EASEME1''1' shall run with the land and shall be
aopurtenant to the waste water treatment facility of the TOWN
identified as Permit# WQ0005790 as issued by the Division of
Environmental Management of the State of North Carolina, P. 0.
Box 29535, Raleigh, N.C. 27626-0535, and phone number of (919)
733-5083.
2. That the construction or operation of water supply wells
within said easement area is prohibited.
3. That the State of North Carolina, CP&L, and NCEMPA reserve -the
rioht to enter uoon said easement area as described in this
EASEMENT for ground wate:::-monitoring and remediation purposes.
:2
ATTACHMENT #3
ATTACHMENT #4 NOTICE OF HEARING
DEPARTMENT OF ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Notice is hereby given of a public bearing to be held by the Department of
Environment, Health, and N annal Resources on behalf of the Environmental Management
Commission. The bearing concerns a request for a variance from the Compliance Boundary
requirements of 15A NCAC 2L .0107 for Permit Number WQ0005790; the Town of Yaupon
Beach. The variance application was received for review by the Department on December
22, 1993 from the Town ofYaupon Beach. On March 14, 1994 the Town ofYaupon Beach
made a resolution requesting a variance to meet the application requirements for public
bodies in 15A NCAC 2L .0113(c)(l).
The property location is as follows: Approximately 1/2 mile on the east side of State Road
1101 (Fish Factory Road); approximately 100 feet west of the Carolina Power and Light
discharge canal and Dutchmans Creek. Take NC 133-87 SOUTH into Southport, North
Carolina and get onto NC 133-211; follow NC 133 SOUTH (Long Beach Road) when it
branches left; go approximately 2.0 miles and tum left onto State Road 1101. The facility
is located on the left side of the road.
The following variance is proposed with a background summary:
1) Change the compliance boundary to allow the expansion of the town's
wastewater treatment facility. The Town of Yaupon Beach presently operates
a High Rate Infiltration Wastewater Treatment and Disposal System
• (HRI\VIDS) with a treatment capacity of 400,000 gallons per day. The
effluent is discharged into a 125,000 square foot infiltration lagoon. The Town
has proposed to increase the wastewater treatment capacitj of this HRIWTDS
by 100,000 gallons per day increasing the total capacity to 500,000 gallons per
day. In order to expand this faciHty, the Town has proposed the additioR of
a new wastewater treatment facility and the expansion of the infiltration-
lagoon by an additional 70,000 square feet. The Town of Yaupon Beach has
proposed that the expansion area for the infiltration lagoon be within the
property boundaries of the HRIWTDS and towards the southeast due to a
lack of on-site property suitable for locating wastewater treatment facilities.
This expansion wiU encroach on adjacent property owned by the Carolina
Power and Light Company (CP&L). The adjacent property is situated on the
banks of the CP&L discharge canal adjacent to Dutchman's Creek. Due to
the proximity of the expansion area to this adjacent CP&L property, the
Town's HRIWfDS facility wil1 not meet the distance requirements of 15A
NCAC 2L .0107(b) if the infiltration lagoon is upgraded and expanded as
proposed. The Town of Yaupon Beach has secured an easement agreement
with CP&L to aUow access to the property adjacent to the infiltration lagoon
.expansion area.
ATTACHMENT #4
ATTACHMENT #5
PROCEEDINGS OF HEARING FOR THE TOWN OF YAUPON BEACH VARIANCE
INTRODUCTION:
A public hearing was held by the Department of Environment,
Health and Natural Resources on behalf of the Environmental
Management Commission to receive public comment on a request for a
variance from Compliance Boundary requirements of 15A NCAC 2L. 0107
for the Town of Yaupon Beach, North Carolina (DEM Permit Number
WQ0005790). A public hearing was held on June 23, 1994 at 7:00 PM
in the Fellowship Hall of the Ocean View United Methodist Church.
A total of thirteen registered persons attended the hearing, with
one presenting oral comments. One written comment was received by
the Division concerning this issue.
Pursuant to 15A NCAC 2L .0113(d) and (e), public notice of
this variance was sent to adjacent property owners, the Brunswick
County Health Director, the Clerk/Town Manager for the Town of
Yaupon Beach, and the Mayor of Yaupon Beach. Notice of this
hearing was also published in the May 22, 1994 edition of the
Wilming ton Star-News, the May 25, 1994 edition of The State Port
Pilot , and the May 26, 1994 edition of the Brunswick Beacon to meet
requirements of 1 SA NCAC 2L . 0113 ( e )( 1 )(A). In addition,
approximately 375 notices of this-variance request were sent to
persons listed in the "Groundwater Variance and Regulatory Actions
Mailing List" to meet the requirements of 1 SA "NCAC 2L
.0113(e)(1)(F).
This hearing was chaired by Mr. Willie Hardison, the Regional
Hydrogeologic Supervisor for the Washington Regional Office.
ATTACHMENT #5
ATTACHMENT #6
Attendees
Town of Yaupon Beach Variance Hearing
June 23, 1994
George Alexander, Homeowner, P.O. Box 632, Long Beach, NC
28465
Mack· Aman,· Town of Yaupon Beach Commissioner, 411 Trott
Street, Yaupon Beach, NC 28465
Connie Barnes, Consultant, Shucker's Inc. , 6220 East Oak
Island Drive, Long Beach, NC 28465
J. Finley Boney, Engineer, Boney and Associates, Inc., 309
North Boylan Avenue, Raleigh, NC 27603
Ann Calloway, Owner, Shucker's Inc., 6220 East Oak Island
Drive, Long Beach, NC 28465
James Dowling, 4415 Fish Factory Road, S.E., Southport, NC
28461
Mrs .. James Dowling, 4415 Fish Factory Road, S.E., Southport,
NC 28461
Mark E. Farrell, Standard Products of North Carolina, 1004
Bonner Bussells North, Southport, NC 28461
Dot Kelly, Mayor Pro-Tern, Town of Yaupon Beach, 51 Augusta
Drive, Yaupon Beach, NC 2846,
Clare S. Rees, Housewife, 2 Oak Island Drive, Yaupon Beach, NC
28465
Elizabeth Sell, School Instructor/Brunswick County Board Of
Education, 4446 Fish Factory Road, S.E., Southport, NC 28461
Jacqueline L. Slockett, Town of Yaupon Beach Commissioner, 37
Oak Island Drive, Yaupon Beach, NC 28465
William S. Smith, Town of Yaupon Beach Commissioner, 200
Yaupon Drive, Yaupon Beach, NC 28465
Nancy Wilson, Yaupon Beach Town Clerk, 518 Yaupon Drive,
Yaupon Beach, NC 28465
ATTACHMENT #6
JLJN-l.'-+-..Lj~-+ J....J• _..... I 1 ·,'°"'1 I -• \•u -.. -• •-
'fl,lblic Hearing
Variance to Requirements of 15A NCAC 2L. 0107
Town of Yaupon Beach (DEM Permit Number WQ0005790)
Ocean View United Methodist Church
Yaupon Beach, North Carolina
June 23, 1994, 7:0o PM
BEARING OFPICERS'S SPEECH
· ATTACHM'ENT #7'
HEARING OFFICER: WILLIE HARDISON, WASHINGTON REGIONAL GROUNDWATER
SUPERVISOR
DARING OF F ICER: GOOD EVENING, I WOULD LIKE TO CALL THIS
PlJBLIC HEARING TO ORDER. MY NAME IS WILLIE HARDISON, AND I AM THE
WASHINGTON REGIONAL GROUNDWATER SUPERVISOR. I HAVE BEEN DESIGNATED
THE HEARING OFFICER FOR THIS EVENING'S HEARING.
THIS HEARING IS BEING HELD PURSUANT TO NORTH CAROLINA GENERAL
STATUTE 150B-21.2. IN ACCORDANCE WITH THE GENERAL STATUTES, A
PUBLIC NOTICE OF THIS BEARING WAS Pu-SLISHED IN CONFORMITY WITH lSA
NCAC 2L • 0113 OF THE GROUNDWATER RULES AND GENERAL NOTICE HAS BEEN
.·" GIVEN THROUGH LOCAL NEWSPAPERS, NOTICES WERE ALSO DIS'I'RIBUTED TO
THE PUBLIC AT LARGE, LOCAL GOVERNMENT, ANO PROPERTY HOLDERS WITHIN
THE AREA OF THE PROPOSED VARIJ..NCE.
THE PURPOSE OF TH!S HEARING IS TO OBTAIN PUBLIC COMMENT AND
PARTICIPATION IN THE CONSIDER.~TION OF THE PROPOSED VARIANCE REQUEST
FOR THE TOi•m OF YAUPON BEACH. THE S.PECIF!C VARIANCE IS FOR THE
EXPANSION OF THE TOWN r S HIGH RATE INFILTRATION WASTEWATER TRE}o.TM....'C'NT
~..ND DISPOSAL SYSTEM (HRIWTDS) • THE TOWN'S HRIWTDS HAS A TREATMENT
CAPACITY OF 400 1 000 GALLONS PER DAY. THE EFFLUENT IS DISCHARGED
INTO A 125,000 SQUARE FOOT INFILTRATION LAGOON. THE TOWN OF YAUPON
ATTACHMENT #7
,, \
Attachment #8
COMMENT SUMMARY FOR THE VARIANCE
FOR THE TOWN OF YAUPON BEACH, NORTH CAROLINA
(DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT NUMBER WQ0005790)
Individual (s ) making comment at the June 23 , 1994 p ublic bearing :
Mark Farrell, Standard Products of North Carolina, 1004 Bonner
Brussels North, Southport, North Carolina 28461
(*representing the Standard Products of North Carolina*)
COMMENT: On behalf of Standard Products of North Carolina, I
am please to inform you that this adjacent property
owner has no objection to the Commission granting
the variance to the compliance boundary
requirements. We urge prompt approval of this
variance application.
RESPONSE TO COMMENT: The variance will reduce the possibility
of a non-compliance with 15A NCAC 2L • 0202 (Groundwater
Quality Standards) at the compliance boundary and will allow
the expansion of the town's wastewater treatment facility.
Individual (s > making written comment to the p rop osed variance:
Mark Farrell, Standard Products of North Carolina, 1004 Bonner
Brussels North, Southport, NC 28461
(*representing the Standard Products of North Carolina*)
COMMENT: Mark Farrell, Standard Products of North Carolina,
1004 Bonner Brussells North, Southport, NC 28461
(*representing the. Standard Products of North
Carolina*) {comment was made in writing and at the
public hearing}
Elizabeth Sell, 4446 Fish Factory Road, S.E. Southport, NC
28461
COMMENT: Will the changes of the compliance boundary result
at the tiine of variance is granted or when the
facility is expanded? What standards will be
applied to this site? Will the state enforce all
current standards at the time of construction of
the wastewater treatment plant expansion? I am a
naturalist and concerned about the impact of this
variance and treatment plant expansion will have on
the environment.
Attachment 8
Page 2
Attachment 8
RESPONSE TO COMMENT: The Environmental Management Commission
grants variances to groundwater rules pursuant to North
Carolina General Statute 143-215.J(e), 15A NCAC 2L .0113
(Variances), and the recommendation of the hearing officer.
The effective date of a variance is on the day the Commission
grants approval.
All disposal systems are required in 15A NCAC 2L .0108,
to have a review boundary midway between the permitted
dispo·sal area and the compliance boundary. When the
concentration of any substance equals or exceeds the
groundwater quality standards at the review boundary, as
determined by monitoring, the permittee is required to take
immediate corrective action. If this variance is granted, the
review boundary will be adjusted accordingly. The Groundwater
Quality Standards of 15A NCAC 2L • 0202 apply at the compliance
boundary.
In accordance with 15A NCAC 2L .0202(f) all groundwater
standards must undergo biennial review. Any additional
toxicological, epidemiological and health effects information
will be examined in accordance with references and methods
contained in 15A NCAC 2L .0202(c} through (e). This review
will incorporate health information from the U.S.
Environmental Protection Agency. The next review is scheduled
for October 1995. Upon completion of the rule making process
contained in the North Carolina General Statutes 150B, any
charges to groundwater standards based new health effects
information will go into effect.
Mrs. Elizabeth Sell
August 4, 1994
Page Two
ATTACHMENT 10
I would like to thank you for taking the time to attend the
hearing and for participating in the hearing process. The efforts
of concerns citizens such as yourself help make our programs
effective. I trust this response will satisfactorily address your
concerns. If you have any questions, or would like to discuss
your concerns further; please contact me at 910/395-3900.
cc: Mr. Willie A. Hardison
Dr. Charles Stehman, P.G.
Mr. John R. Blowe, P.E.
Wilmington Regional Files
Central Files
Sincerely,
Dave Adkins
Water Quality Regional Supervisor
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ATTACHMENT 11(d)
... • ' ATTACHMENT 12
,I r. ~,
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management .MA
James B. Hunt. Jr., Governor
Jonathan B. Howes, Secretary DEHNR
A. Preston Howard, Jr., P.E., Director
GROUNDWATER SECTION
MAY 27, 1994
MEMORANDUM
To: Marion Deerhake, Commissioner
N.C. Environmental Management Commission
From: Arthur Mouberry, P.E. . ..of?/
Chief, Groundwater Section (MY
Subject: Variance Request for the Town of Yaupon Beach
Brunswick County
In the May 11, 1994 Groundwater Committee meeting you requested some
additional information regarding a compliance boundary variance request made by the
Town of Yaupon Beach. Pursuant to your request, I offer the following information:
Are there any water su pp lv wells within the area of the proposed variance
request?
There are no known water supply wells (public or private) within the area
of the proposed variance request or within 1000 feet of the Yaupon Beach
property, according to the Town and their consulting engineer.
2. What information has been submitted to establish that compliance with
the rule establishin g the comoliance boundarv can not be met usin g Best
Available Technolo gies economicallv reasonable?
The applicant will provide a tertiary level of treatment prior to disposal
into the infiltration pond. The only other possible treatment technology
available to reduce wastewater constituents would be reverse osmosis.
This treatment technology is not cost effective for this application.
Other technologies for disposal of wastewater are extremely limited.
Surface water discharge is prohibited and other onsite nondischarge
alternatives are non-existent due to the unavailability of sufficient lands.
The purchase of additional lands for nondischarge disposal methods are not
cost effective for this application. Therefore, the expansion of the
infiltration lagoon is virtually their only option available.
P.O. Box 29535. Raleigh. North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
ATTACHMENT 12
know.
ATTACHM EN r ·If
3. What is the status of the buff er easement should the CP&L pro perty be
sold or transferred?
4.
The easement granted by CP&L is a perpetual easement for purposes of
wastewater disposal and has been recorded with the Brunswick County
Register of Deeds office.
Has notice been given to all prop erty owners ad jacent to the Yau pon
Beach property?
_ The only_property owners that own property adjacent to the Yaupon Beach
property are Standard Products, Inc. and CP&L. Both parties have been
given notice of the subject variance request.
5. A map of the sub ject area is attached.
If there are any other questions regarding this variance request, please let me
cc: Preston Howard
Rick Shiver
[961 ,.
Power & Light Company, dated: (a) September 25, 1970, and recorded in Book 246,
page 404; and (bl September 13, 1971, and recorded in Book 260, page 147; and (2)
Carolina Power & Light Company to North Carolina Eastern Municipal Power Agency
dated: (a) April 21, 1982, and recorded in Book 497, page 121; (b) August 31,
1982, and recorded in Book 507, page 853; (c) October 15, 1982, and recorded in •
Book 511, page 673; (d) November 30, 1982, and recorded in Book 515, page 185;
and (e) April 29, 1983, and recorded.in Book 527, page 730, all Brunswick County
Registry, for the sole purpose of establishing a buffer zone easement area in
connection with the waste water treatment facilities of the TOWN on its adjoining
property, with said easement area being more particularly described as follows:
Lying and being in Smithville Township, Brunswick County,
North Carolina:
BEGINNING at a point being located at the southeastern corner
of that 12.662-acre tract of land described in a deed from Carolina
Power & Light Company to the Town of Yaupon Beach, dated October 22,
1992, and recorded in Book 907, page 576, Brunswick County Registry,
said point also being located at the approximate mean high water
line of the west bank of Dutchman's Creek; and runs thence along and
with the eastern property line of said 12.662-acre tract of land the
following courses and distances: North 02 degrees 01 minute 16
seconds West 177.65 feet to an iron pipe and a curve to the right
for arc distance of approximately 350 feet, said curve having a
radius of 3635.97 feet, to a point being located at the approximate
mean high water line of said Dutchman's Creek; and thence along and
with .said mean high water line the following courses and distances:
southeastwardly approximately 350 feet to a point and
southwestwardly approximately 250 feet to the point of BEGINNING,
encompassing l acre, more or less, as shown on Carolina Power &
Light Company Drawing No. L.-D-8762 (dated September 30, 1992,
revised 8-31-93), which Drawing ~s incorporated herein by reference
and made a part hereof.
This EASEMENT will be for a buffer zone only, and will be utilized
pursuant to the rules and regulations of North Carolina Division of Environmental
Management as follows:
l. That this EASEMENT shall run with the land and shall be
appurtenant to the waste water treatment facility of the TOWN
identified as Permit# WQ0005790 as issued by the Division of
Environmental Management of the State of North Carolina, P. O.
Box 29535, Raleigh, N.C. 27626-0535, and phone number of (919)
733-5083.
2. That the construction or operation of water supply wells
within said easement area is prohibited.
3. That the State of North Carolina, CP&L, and NCEMPA reserve the
right to enter upon said easement area as described in this
EASEMENT for ground water monitoring and remediation purposes.
2
'
• honey and associates, inc .
engineering and surveying
raleigh, north carolina
309 N. BOYLAN AVENUE 27603 P. 0. BOX 10472 27605 TEL: [phone]
Mr. Arthur Mouberry, Chief
Groundwater Section
Division of Environmental
P.O. Box 29535
Raleigh, NC 27626-0535
Dear Mr. Mouberry:
October 12, 1994
Management
re: Wastewater Facilities
Yaupon Beach NC
Variance Request
FAX: [phone]
lD
.i.:-
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It is our understanding that as of 5 p.m. yesterda?~ ~ije
Yaupon Beach groundwater variance request has been pulled from
consideration from the EMC Groundwater Committee. We understand
that the main reason is the lack of financial information in the
original variance request.
Attached is a copy of the letter from your staff dated
February 9 letting the Town know that this variance was required.
We put together the variance request for the Town (copy also
attached) and the Town adopted a resolution as required at their
regular meeting on March 14.
The financial aspects of the variance request were not
detailed because we believed everyone understood that without the
variance, the Town would have to obtain a second site in order to
expand the wastewater treatment faci 1 i ties. For every one acre
of rapid infiltration application area on a new site, a minimum
of eight additional acres would be required in order to meet the
buffer requirements. Sites for rap id inf i 1 tra t ion systems have
to have excellent soils (sands with very low clay content) in or-
der to be usable, and such sites are rare and expensive in the
coastal area of North Carolina. Sites for conventional land ap-
plication require many more acres of land, all of which must be
above wetlands, and such large sites of good land are even harder
to find. Site selection was reviewed very carefully in our
original 201 plan and in our CAMA permit review process, and
sites more suitable than our selected site were not found. By
using the rapid infiltration type of land disposal of the treated
effluent, we believe that we have used the "best available tech-
nology economically reasonable." In doing so, a relatively large
volume of wastewater can be treated and disposed of on a rela-
tively small site, without a discharge to coastal waters. Ex-
panding the facility on the same site is also the "best available
technology economically reasonable."
I •
Mr. Arthur Mouberry
October 12, 1994
Page 2
Based upon the above information, we did not elaborate on
the financial aspects of the variance request to the extent some
may have expected.
We also understand that questions have been raised concern-
ing "exceedences of groundwater standards" at the Yaupon Beach
Wastewater Treatment Facility. To our best knowledge, no ex-
ceedances of groundwater standards have occurred since the
facility has been on line. Background testing prior to operation
of the plant showed that the existing groundwater at the site
exceeded the standards in TDS and Chlorides prior to the plant
going on line. These tests have actually improved since the
plant has been on line.
The rapid infiltration application area in Yaupon Beach is
surrounded by an underdrain that is a minimum of 200 feet from
the application area, as dictated by the non-discharge permit
standards. This underdrain discharges to the marsh adjacent to
the facility. Water which discharges from this underdrain is
groundwater by regulation and therefore is not a discharge which
requires a permit.
In order to clear up misunderstandings about this, we have
allowed the Shellfish Sanitation Branch to add ·dye to the rapid
infiltration basins in order to show that this underdrainage does
not directly discharge to the marsh without first properly pass-
ing through 200 feet of soil to the underdrain. The dye was
added on October 7 and the results are expected by November 1.
Based on our discussion this.date, we understand that the
variance request will be tabled until the December Groundwater
Committee meeting. We are providing this information so that you
will have it in case questions arise today. Please let us know
as soon as possible what information we need to provide for the
variance request to be considered at the December EMC meeting.
Thank you for discussing this matter with me. Please let me
know if you need any additional information.
Very truly yours,
BONEY AND ASSOCIATES, INC.
1?aki-~
G. Robert Graham, PE
cc: Town of Yaupon Beach
..
• State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr .. Governor
Jonathan 8. Howes. Secretary
A Preston Howard. Jr .. P.E.. Director
NA
DEHNA.
GROUNDWATER SECTION
The Honorable May Moore
Mayor, Town of Yaupon Beach
518 Yaupon Drive
Yaupon Beach, NC 28465
February 9, 1994
Subject: Expansion of Yaupon Beach Wastewater Treatment Plant
Permit No. WQ0005790
Request for Variance from 15A NCAC 2L.0107(b)
Brunswick County
Dear Mayor Moore:
This is in reference to your application for a permit to expand the subject
wastewater treatment facility received December 22, 1993.
The subject permit amendment application contained a request to locate the
compliance boundary along Dutchman Creek. Regulations promulgated by the
Environmental Management Commission and codified _as 15A NCAC 2L.0107(b),
stipulate the location of the compliance boundary as· 250 feet from the waste boundary
or 50 feet within the property boundary, whichever is closer to the source. Location of
a compliance boundary that does not conform to this rule can only be granted by
approval of a variance to the rule in accordance with procedures described in rule
2L.0113. I have attached a copy of the applicable rules for your convenience.
Rule 2L.0113 makes certain requirements of both the permittee and the Division.
The permittee must provide certain informational items in the application for variance.
In addition to the application material that has already been submitted, several other
items are still needed to make your application complete. These additional items are
listed in rule 2L .0113(c) and summarized below:
I. A description of the exact variance that is being requested and a
resolution by the Town Board requesting the variance,
2. A description of the area for which the variance is requested, including a
detailed map of the area,
P.O. Box 29535. Raleigh. Ncrm C:::rclina 27626-GS.35 Telechon 919-733-3221 .AX 919-715-0SaB
/..r. ::Cl,;Ci Cpportur.ity .d.~rmcrive Ac~;cr =--::::eyer 50% :ecyc:ec/ . .. ::,csr-ccnsumer pccer
I • '9 •t • 1 •
Mayor Moore
Yaupon Beach WWTP
\. February 9, 1994
Page 2
3. Supporting information to establish that the variance will not endanger
public health and safety, including the location of any wells or surface
waters that may be influenced by the proposed variance,
4. Supporting information to establish that requirements of the rule cannot
be achieved by providing the best available technology economically
reasonable, and
5. Supporting information to establish that compliance would produce serious
hardship on the applicant, without equal or greater public benefit.
This information will be reviewed for completeness by the Groundwater Section and a
public notice will be given and a hearing scheduled in accordance with the rules. Once
the hearing record is closed, a final recommendation on the variance request and final
permit action will be made to the Director.
Please be advised that your application will be considered incomplete until such
time as the variance procedures listed in the rules have been completely fulfilled.
If there are any questions regarding this matter, please call me at 919-733-3221.
attachment
cc: Michael Allen
Charles Stehman
Dave Adkins
David Hance
4/:~f!__
Jack L. Floyd, P.E.
Environmental Engineer
Robert Graham, Boney and Associates
Central Files
Permit Files
jf / c:wq5790ad
,t
.. '-" • ., ...... '-' ... Jl~A.'""-".& ......... •'"--•-----
518 Yaupon Drive
Yaupon Beach, N.C. 28465
(919) -278-5024
March 14, 1994
Mr. Jack L. Floyd, PE
Groundwater Section
Division of Environmental Management
P.O. Box 29535
Raleigh NC 27626-0535
Dear Mr. Floyd:
re: Request for Variance from
15A NCAC 2L.0107(b)
Yaupon Beach NC
WQ0005790
-,: :. I iJ_:,--·.. .
As recommended in your > letter ·--.dated February 9, 1993, we
hereby request a variance from the compliance boundary require-
ment stipulated iri -lSA NCAC 2L.0107(b). ·3he following is the ad-
ditional informatibn req~ired in rule 2L.0113(c): ,~ ' . •:
-.. #-: :-. . . • • . .
1. The variance being requested is to·'_allow the compliance
boundary of the:-wastewater facility to extend across the land of
Carolina Power .~ -Light Company (CP&L), 50' tlandward of the mean
high water line 10£ Dutchmans Creek, as shown 'on the attached map.
The resolution ~by the Town Board required for this request is
also attached. : {. ,--· ,-· •·
2. The area w'i thin the requested va~ iance is owned by CP&L
as pa rt of the Brunswick Nuclear Power P !ant. The use of this
land by CP&L is restricted by the Nuclea -r Regulatory Commission.
There are no buildings or s~r~ctur~s 'of any kind on the land, nor
are there any wells. The··1and ·is bounded to the west by the
Yaupon Beach Wastewater Treatment Plant Site and by Dutchmans
Creek to the north, east and south.
3. The variance will not impact public health and safety in
any way. There are no water supply wells within 1000 feet of the
area and the surface waters are brackish and not used as a water
supply.
4. Compliance with rule 2L.0107(b) would require that the
compliance boundary for the site would be within the area of was-
tewater effluent application. It would not be possible to meet
the groundwater monitoring standards within the area of was-
tewater effluent application.
5. Compliance with the rule would require reducing the area
of wastewater effluent application requested in the permit by
some 40 to 50 percent, thereby reducing the requested capacity by
an equal amount. There is no increase in danger to public health
and safety as a result of the variance as stated in item no. 3
above.
518 Ya upon Drive
Yaupon Beach, N.C. 28465
(919) -278-5024
Mr. Jack L. Floyd, PE
March 14, 1994
Page 2
As part of our original permit application submittal, an
easement was submitted for the area of the variance. This ease-
ment from CP&L to the Town of Yaupon Beach confirms CP&L's agree-
ment with the expansion of the Town's wastewater treatment
facilities.
Please let us know if you need any additional information
regarding this matter.
Enclosures
f ' l ,
.-.
\..
INTEROFFICE NOTE: 10/11/94
TIME SENSITIVE!!!! ...... NEED BEFORE WEDNESDAY 10/12/94
GROUNDWATER COMMITTEE MEETING!
TO: Arthur Mouberry,
SUBJECT: Marion Deerhake's Questions Concerning the Yaupon Beach
Variance
On Tuesday October 11, 1994 Groundwater Committee member Ms.
Marion Deerhake discussed some concerns she had in relation to
the Yaupon Beach Variance request. These questions are shown
below:
1) Ms. Deerhake did not observe any financial information
to confirm that this variance meets the requirements of
15A NCAC 2L .0113(c)(S) in the package. She
specifically wants to know the "cost figures and dollar
comparisons" submitted for various technologies
considered.
2) What kind of groundwater and surface water monitoring
will be required if this variance is granted? Can the
EMC approve the variance with conditions placed on
monitoring around this wastewater treatment plant?
3) This facility was permitted in 1992. If exceedences of
groundwater standards continue to occur at the
compliance boundary of this facility will the
Commission be faced with "continual variance
applications" from the town under 15A NCAC 2L .0113?
What policy should be taken in these situations?
Ms. Deerhake wanted clarification that the Dutchman's Creek
area is open to shell fishing. She was informed that the
memorandum from the Wilmington Regional Office (WiRO) would
provide the answer to her question. I told her that she could
discuss the memorandum and monitoring issues in question# 2 with
the DEM Wilmington Regional Supervisor, Mr. Rick Shiver. I
informed Ms. Deerhake that Mr. Shiver had planned to attend the
October 12, 1994 Groundwater Committee meeting and would be
available to discuss the additional information provided in the
Groundwater Committee packet and any concerns the Committee
members have on this variance.
.....
It is important to note that at the September Groundwater
Committee meeting it was recommended that the request for a
variance to 15A NCAC 2L .0107 for the Town of Yaupon Beach
proceed to the Environmental Management Commission upon the
condition that a report be provided at the October 12, 1994
Groundwater Committee meeting. The WiRO report provides an
evaluation of the impacts to the surface waters of Dutchman's
Creek as requested by the Committee. The recommendation further
stated that if this additional information on Dutchman's Creek is
satisfactor y to the Groundwater Committee , the variance req uest
will p roceed to the Environmental Mana g ement Commission for
a pproval on October 13 , 1994. The Groundwater Section may need to
review Ms. Deerhake October 11, 1994 questions in light of this
recommendation.
By copy of this note the Wilmington Regional Supervisor, the
Hearing Officer for this variance request, and appropriate
Groundwater Staff are being informed of Ms. Deerhake's questions.
A facsimile copy of this note has been sent to the
Wilmington Regional Supervisor for his review. If you need
additional information please feel free to call me at 733-3221
(ext. 428).
cc: Carl Bailey
Ted Bush
Jack Floyd
Rick Shiver
Willie Hardison
THANK YOU
~~
David Hance
•·"-SEP-23-1994 16:36 FROM EHNR WILM REG IFFICE TO GW HARRINGTON
R£CEIVEDIEHNR
DE:M. GROUND WATER 'sEc.
94 SEP 28 Mf 9: 08
DIVISION OF ENVIRONMENTAL MANAGEMENT
September 23, 1994
MEMORANDUM
To: Arthur Mouberry, Chief
Groundwater Section
From: Rick Shiver \"-)._ SS
Wilmington Regional Supervisor
Subject: Town of Yaupon Beach
Variance Request
srunswick County
P.01
This is in response to your September 14, 1994, memorandum
to Willie Hardison. Your memorandum asked for additional
information to ~nswer specific raquests from the EMC Groundwater
Committee on the proposed variance request filed by the Town of
Yaupon Beach. The following info~mation is offered (the numbering
corresponds to that in your memorandum) for your consideration:
1. It is my understanding that the primary reason for the
variance requQQt wag the uncertainty of compliance with
the groundwater standards for Chlorides and Total
Dissolved Solids. As the adjacent surface waters are
classified as Class "SA" wat.ers; it ia unlikely that
either of these parameters would be of major concern.
The wastewater treatment plant is designed to achieve
effluent limitations which are consistent with current
groundwater standards.
2. As waters of Dutcnman creek are classified as Class
"SA" waters and the proximity to the AIWW; it is
unlikely that there are any persons withdrawing water
for drinking water purposes. The immediate downstream
property adjacent to Dutchman Creek is a Wlldli!e
.Resources commission boat ramp.
J. Attached is a portion of the USGS Southport Quadrangle
sheet which should supply the information regarding
surface water flow patterns. The flows 1n Dutchman
creek and the immediate downstream waters (AIWW) are
tidally effected flows. The direction of th& discharge
would be to the east through thg mouth of the Cape Fear
River.
.. •-SEP-23-1994 16: 37 FROM EHNR WILM REG CFF I CE
Memo to Mouberry
September 23, 1994
Page Two
TO GW HARRINGTON P.02
4. Dutchman Creek is currently classified as Class "SA"
waters. Undar the current standards and classifications
this body of water would be suitable for commercial
shellfishing and all other tidal saltwater uses.
5. The Wilmington Regional Offiae has not p~rformed any
activity for the would demonstrate that the proposed
variance doe& or does not endanger public health and/or
safety. The Region has considered potential aaverse
impact(s) on the surface waters !f the variance were to
be granted. The variance requeet was made to assure
that groundwater standards would not contravened at the
perimeter of compliance. The pollutants of concern
being Total Dissolved Solids and Chlorides. The
surface waters being recharged by th1s sys~em are
classified as Class "SA" waterJ!i, The stream segmQnt in
question is actually 4 relocation of Dutchman Creek
which was creat$d during the construction of the CP&L
Brunswick Nuclear Station. The relocation was necessary
to accommodate the discharge canal from the Brunswick
Station. Total Dissolved Solids and Chlorides from the
Town ot Yaupon Beach's wastewater treatm9nt gystem are
not expected to significantly affect Dutchman Creek.
If you have the need for additional information relative to
the Town of Yaupon Beach Wastewater Treatment Plant; plea~e
contact either Ms. Coleen Sullins in the Central Office or Dave
Adkins in thie Office.
cc! Coleen Sullins
Willie Hardison
Wilmington Regional Files
central Files
RECEIVEO/EBNR
OEM. GROUND WATER SEC.
94 SEP 29 PH 3: 55
MEMORANDUM
TO:
FROM:
DATE:
Arthur Mouberry, Chief
Groundwater Section
Wil ~ison, Groundwater
Washington Regional Office
September 28, 1994
Supervisor
SUBJECT: September 7, 1994 Hearing Officer's Report
Groundwater Committee's Request For
Information -Town of Yaupon Beach
Variance Request
Additional
In accordance with the Groundwater Committee's request for
additional information, I contacted Mr. John R. Blowe, Section
Chief, with Construction Grants and Ms. Nancy Wilson (Town Clerk -
Town of Yaupon Beach). My purpose was to determine if the Town had
any grants pending which have been allocated to the proposed
expansion of the Town's wastewater treatment facility. Based on my
discussions with Mr. Blowe on September 9, 1994 and Ms. Wilson on
September 20, 1994, there does not appear to be any "time-limited"
grants associated with the project.
I hope you find this response satisfactory. In the meantime,
should you require any additional information or further
clarification, please don't hesitate to call me.
WAH/ksf
Memo to Mouberry
September 23, 1994
Page Two
4. Dutchman Creek is currently classified as Class "SA"
waters. Under the current standards and classifications
this body of water would be suitable for commercial
shellfishing and all other tidal saltwater uses.
5. The Wilmington Regional Office has not performed any
activity for the would demonstrate that the proposed
variance does or does not endanger public health and/or
safety. The Region has considered potential adverse
impact(s) on the surface waters if the variance were to
be granted. The variance request was made to assure
that groundwater standards would not contravened at the
perimeter of compliance. The pollutants of concern
being Total Dissolved Solids and Chlorides. The
surface waters being recharged by this system are
classified as Class "SA" waters. The stream segment in
question is actually a relocation of Dutchman Creek
which was created during the construction of the CP&L
Brunswick Nuclear Station. The relocation was necessary
to accommodate the discharge canal from the Brunswick
Station. Total Dissolved Solids and Chlorides from the
Town of Yaupon Beach's wastewater treatment system are
not expected to significantly affect Dutchman Creek.
If you have the need for additional information relative to
the Town of Yaupon Beach Wastewater Treatment Plant; please
contact either Ms. Coleen Sullins in the Central Office or Dave
Adkins in this Office.
cc: Coleen Sullins
Willie Hardison
Wilmington Regional Files
Central Files
0\ 3156
I
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SCALE 1:24 000
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QUADRANGLE LOCATlOJrC
ROAD CLASSIFICATION
Primary highVo'ay. tight-duty road, hard oc
hard surface ..... _. -Improved surface ... __ _
Secondarv highway.
hard surface ....... ----Unimproved road .. _____ _
',._ · Interstate Route C U. S . Roote Q State Route
SOUTHPORT, N.C.
33078-Hl-Tf.024
1990 IPUES WITH NATIONAL MAP ACCUM,CY STANDARDS
SALE BY U.S. GEOLOGICAL SURVEY
>LORADO 80225, OR RESTON, VIRGINIA 22092
JPOGRAPHIC MAPS AND SYMBOIS IS AVAIL'JIIB ON REQUEST OMA 5351 I NE-SERIES V842
Nf'
MEMORANDUM:
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
September 14, 1994
TO: Willie Hardison, Washington Regional Hydrogeologic Supervisor
FROM: Arthur Mouberry, P.E., Chief, Groundwater Section tJf:
SUBJECT: Record of Groundwater Committee Conversation Requesting Additional
Information on the Variance for the Town of Yaupon Beach (Permit Number
WQ0005790).
On September 7, 1994 the Environmental Management Groundwater Committee
discussed the proposed variance request from the Town of Yaupon Beach. The Committee
expressed a number of concerns related to the impact this variance may have on the
surface waters of Dutchman's Creek, adjacent surface waters, and wetlands. The
Groundwater Staff has reviewed that portion of the audio tape in which the Groundwater
Committee discussed the impacts of approving the proposed variance for the Town of
Yaupon Beach. The following information is needed by the Groundwater Committee to
complete it's review of this variance request:
1) A projection of the environmental impacts on Dutchman's Creek in the event
wastewater from the area of the proposed variance migrates outside the
compliance boundary and into surrounding surface waters.
2) The presence and number of persons withdrawing water for drinking water
from Dutchman's Creek downstream from the area of the proposed variance.
If drinking water intakes in this downstream area exist they should be
identified.
3) A delineation of the surface water flow patterns of Dutchman's Creek in the
vicinity and downstream from the area of the proposed variance.
4) Allowable uses of Dutchman's Creek under it's present surface water
classification.
5) Documentation of activities performed by the Division and Wilmington
Regional Off ice demonstrating that the proposed variance does not endanger
public health, safety and the environment with respect to impacts on surface
waters.
In order to address these concerns and expedite this variance the Groundwater
Committee recommended aRproval to proceed to the Environmental Management
Commission pending the submittal of this additional information at the October 12, 1994
Groundwater Committee meeting. If this additional information is not submitted to the
Groundwater Committee at this meeting or does not adequately address the Committee's
questions. the proposed variance will not be presented to the full Environmental
Management Commission for consideration in October. The next Environmental
Management Commission meeting is scheduled for December 8, 1994.
In your discussions with the Water Quality Section and Wilmington Regional Office
staff, please make sure these issues are completely addressed. This information for the
proposed. variance will need to be sent to the Groundwater Section no later than September
30. 1994 so that it ffltlY be included in the Environmental Management Commission
Groundwater Committee information package for the October 12. 1994 meeting. If you
need additional information please feel free to contact David Hance at [phone]
(ext. 428).
cc: Arthur Mouberry
Carl Bailey
Jack Floyd
Wilmington Regional Groundwater Supervisor
Steve Tedder
Wilmington Regional Water Quality Section Supervisor
David Hance
Page 4
Public Hearing Summary:
The Public Hearing was conducted as scheduled.
was represented by four (4) staff members:
The Division
Willie Hardison
Jack Floyd
Bruce Reed
David Hance
Hearing Officer
Permits and Compliance f~l-r -
Wilmington Regional Office .
Recorder
Fourteen (14) citizens registered for, the Public H~aring of
which two (2) requested to make verbal comments (refer to
-it,,,
Attachment \TI -Attendance List). At 7:05 pm the Public Hearing
/
was called to order. Opening remarks were given by the Hearing
Officer, (SEE ATTACHMENT# 7) followed by the staff presentation
concerning the variance request, which was given by Mr. Jack Floyd.
Verbal comments were given by Mr. Mark Farrell and Ms. Elizabeth
Sell. In general, Mr. Farrell expressed his approval and was in
;......; ~
favor of granting the variance. Ms. Elizabeth seil's comment was _..
. •-~ w-.~·tPA+e,T ~'!.~HJlt
,_.. more of a question relevant to the chlorination~ Ms. Sell was. ·
,informed that she may want to contact the Water Quality Section in
« . 'h-e<
--.the Wilmington Regional Off ice to have ~ question answe:i;ed
(ATTACHMENT VIII). Following Ms. Sell's remarks,·more time was
Y,"h liC
·~ allowed for ~~~ additional/? commen~s.
I
Since no other persons indicated a desire to speak, .the Hearing was
closed at approximately 7:40 pm. However, the citizens were
h ,~d !4,~~~J
~>' informed that . the Wearing w-Hl remain open until 12: 00. am /.. P~'<~ . •
and any~wishing to submit written ._,/ (midnight) on July 25, 1994,
comments may do so until that date.
~-; =----·
Page 6
Requirements of 15A NCAC 2L.0107(b). There is sufficient
information showing the lack of suitable on-site property to locate
!!II wastewater treatment facilities::-ites the proposed e'Jnsion the
a most cost effective option for the town (SEE ATTACHMENT 11-lle FOR
MAPS). Few options exist for expansion of these facilities _to
other areas within the · Town of Yaupori Beach. Facilities that
require NPDES permits or Non-Discharge permits would be costly
alternatives.
The town had proposed this variance establish the Compliance
Boundary onto 12.662 acres of land owned by CP&L. This expansion
will occur on the southeast side of the treatment facility. This
would place the Compliance Boundary within so feet of the high
-.water mark for o'fchman's creek. The buffer easement is for land
owned entirely by Carolina Power and Light Company. This perpetual
easement runs with the land, prohibits the construction and
operation of water supply wells, prohibits land disturbing
activities, and is recorded with the register of deeds in Brunswick
~-County. In addition ,~he -easement allows for groundwater
remediation by the State and the utility. If monitoring indicates
the necessity for groundwater remediation, the easement allows this
activity. The expansion of the infiltration lagoon facility will
be located within the waste treatment facility property owned by
the Town of Yaupon Beach. The compliance boundary associated with
,.
the existing facility and a portion of the expanded facility will
remain the same (SEE ATTACHMENT ll[d]). All other adjacent
-.-.
I
Attachment #8
COMHEN'l' SUMMARY l'OR 'l'HE VARIANCE
J'OR THE ~OWN OF YAUPON BEACH, HORTH CAROLINA
(DIVISION 01' BNVIRO:NMEHTAL MANAGEMENT PERMIT HUMBER WQOO0579O)
Individual <s > making comment at the June 23 , 1994 p ublic hearing :
Mark Farrell, standard Products of North Carolina, 1004 Bonner
Brussels North, Southport, North Carolina 28461 .· ·
(*representing the Standard Products of North Carolina*)
COMMENT: · On behalf 9f Standard Products of North Carolina, I
.. am please to inform you that this adjacent property
owner has no objection to ·tjle Commission granting
the variance to the compliance boundary
requirements. We urge prompt approval of this
variance application •.
RESPONSE. TO COHKBH'l': The variance will reduce the possibility
of a non-compliance with lSA NCAC 2L • 0202 (Groundwater
Quality Standards) at the compliance boundary and will allow
the expansion of the town's wastewater treatment facility.
Individual {s ). making written comment to the proposJvariance:
Mark Farrell, Standard Products of North Carolina, 1004 Bonner
Brussels North, Southport, NC 28461
(*repre~enting the Standard Products of North Carolina*)
COMKEN'l':-Mark Farrell, Standard Products of North Carolina,
1004 Bonner Brussells North; Southport, NC 2846i
(*representing the Standard Products of North
Carolina*) {comment was made in writing and at the
public hearing}
Elizabeth Sell, 4446 Fish Factory Road, S.E. Southport, NC
2846_1 ·
COMMENT: Will the changes of the compliance boundary result
at the time of variance is granted or when the
facility is expanded? What standards will _ be
applied to this site? Will the state enforce all
current standards at the time of construction of
the wastewater treatment plant expansion? I am a
naturalist and concerned about the impact of this
variance and treatment plant expansion will have on
the environment. •
Attachment 8
Page 2
~ttachm~nt a
RESPONSE TO COHKENT:, Tbe Environmental Management Commission
grants variances to groundwater rules pursuant to North
cai;-olina General. Statute 143-215.J(e), lSA NCAC 2L .011:3
(Variances), and the recommendation of the hearing officer.
The -effective date of a variance is on the day the commission
grants approval •
.._. All d~sposal system~ are require'!,,in 15A N~AC 2L ·?lOS1to
have a review boundary midway between the permitted dispoaal
area and.the compliance boundary. When the concentration of
any substance equals or exceeds the groundwater quality
standards a,t the review boundary, as determined by monitoring.,
_,. t:he pe~itte: -is re•piired to take immed~a:te corrective aftion.
If this variance is granted the review~ boundary will be
adjusted accordingly~ The_ G1;oundwater Q'nality Standards of
15A NCAC 2L .0202 ·apply at the compliance boundary.·
In accordance with 15A NCAC·2L .0202(f) all groundwater
standards must undergo biennial review~ Any · additional
toxic:ological, epid~mio:Logical and health effects information
will be examined in accordance with re·ferences and methods
contained in 15A NCAC 2L .0202(c) through (e). This review
will incorporate . heal th information · from . .. the U.S.
Environmental.Protection Agency. The next review is scheduled
for October.1995. Upon completion of the rule making process
contained in the North Carolina General statutes lS0B, any
charges to groundwater standards based new health effects
information will go into effect.
C
,.
)
1Jl::HNR*l~ASHTNGTON-NC Fax:[phone] Aug 8 '94 15:15 P.10/10
Page a
27, -1994 , from Mouberry :·:to Ha~ion Deerh.ak,a, C:ommissioner
' ,' . . -. ' ... · .
EMC,· Attach.m~nt:: 12)' ~
7. Rgcommendat,lori ot ·the .Wilmirigt:on,.Regional Office. . . . ,. . . ,. : . . .
8 . Recommendatiop: 'of the Groundwater Sectlon-Perm_itting and
Compliance Group.
Bas•d on :: the .. above issl;le~, and : l!JUb9..ec;ruent disc1,t11sions: w~th
~t.sff ·. and . a'fter considering· .the· ··Public Re cord, ... it is · _my
reeollU!iandation .. :that . 'the '•, : Ehvironm•~tal .· ·. Management .·.commission
r:ona-id•r grantinq the Town of Yaupon'1,~ach ·request ·for a variance.
..
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr .. Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 1, 1994
MEMORANDUM
,NA
D E HNA
TO:
FROM:
Willie Hardison A f
Preston Howard ---~~ K~
$,,
SUBJECT: Designation as Hearing Officer
I am hereby designating you as Hearing Officer for a public hearing concerning a
variance request from Compliance Boundary requirements of 15A NCAC 2L .0107. The
hearing concerns a variance for the expansion of a High Rate Infiltration Wastewater
Treatment System owned by the Town of Yaupon Beach, North Carolina (Permit Number
WQ0005790).
The hearing schedule is as follows:
YAUPON BEACH , NORTH CAROLINA
June 23, 1994
7:00 PM
Fellowship Hall
Ocean View United Methodist Church
606 Yaupon Drive
Included with this memorandum is an information packet which contains the Hearing
Officer's speech and directions to the hearing location. Please be advised staff have not
made arran g ements for y our overni ght stay.
I appreciate your taking the time to conduct this hearing. The staff will be glad to
assist you through the proceedings. If you have any questions, feel free to call Carl Bailey
at [phone] (ext. 422).
Attachments.
cc: Arthur Mouberry
Carl Bailey
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
Public Hearing
Variance to Requirements of 15A NCAC 2L .0107
Town of Yaupon Beach (DEM Permit Number WQ0005790)
Ocean View United Methodist Church
Yaupon Beach, North Carolina
June 23, 1994, 7:00 PM
HEARING OFFICER'S SPEECH
HEARING OFFICER: Willie Hardison, Washington Regional Groundwater Supervisor
HEARlNQ(:lJ:f=ifldliR:1 GOOD EVENING, I WOULD LIKE TO CALL THIS PUBLIC
HEARl'r.:.i0···t6 6Rb°E~Ft······M·Y NAME IS WILLIE HARDISON, AND I AM THE WASHINGTON
REGIONAL GROUNDWATER SUPERVISOR. I HAVE BEEN DESIGNATED THE HEARING
OFFICER FOR THIS EVENING'S HEARING.
THIS HEARING IS BEING HELD PURSUANT TO NORTH CAROLINA GENERAL
STATUTE 1508-21.2. IN ACCORDANCE WITH THE GENERAL STATUTES, A PUBLIC
NOTICE OF THIS HEARING WAS PUBLISHED IN CONFORMITY WITH 15A NCAC 2L .0113
OF THE GROUNDWATER RULES AND GENERAL NOTICE HAS BEEN GIVEN THROUGH
LOCAL NEWSPAPERS. NOTICES WERE ALSO DISTRIBUTED TO THE PUBLIC AT LARGE,
LOCAL GOVERNMENT, AND PROPERTY HOLDERS WITHIN THE AREA OF THE PROPOSED
VARIANCE.
THE PURPOSE OF THIS HEARING IS TO OBTAIN PUBLIC COMMENT AND
PARTICIPATION IN THE CONSIDERATION OF THE PROPOSED VARIANCE REQUEST FOR
THE TOWN OF YAUPON BEACH. THE SPECIFIC VARIANCE IS FOR THE EXPANSION OF
THE TOWN'S HIGH RATE INFILTRATION WASTEWATER TREATMENT AND DISPOSAL
SYSTEM (HRIWTDS). THE TOWN'S HRIWTDS HAS A TREATMENT CAPACITY OF 400,000
GALLONS PER DAY. THE EFFLUENT IS DISCHARGED INTO A 125,000 SQUARE FOOT
INFILTRATION LAGOON. THE TOWN OF YAUPON BEACH HAS PROPOSED TO INCREASE
THE WASTEWATER TREATMENT CAPACITY OF THIS FACILITY TO 500,000 GALLONS PER
DAY. IN ORDER TO EXPAND THIS FACILITY, THE TOWN HAS PROPOSED THE ADDITION
OF A NEW WASTEWATER TREATMENT PLANT AND EXPANSION OF THE INFILTRATION
LAGOON BY 70,000 SQUARE FEET. THE EXPANSION OF THIS LAGOON WILL TAKE
PLACE WITHIN THE PROPERTY BOUNDARIES OF THE HRIWTDS FACILITY.
DUE TO THE PROXIMITY OF THE EXPANSION AREA TO ADJACENT PROPERTY
OWNED BY CAROLINA POWER AND LIGHT COMPANY (CP&L), THIS WASTEWATER
TREATMENT FACILITY WILL NOT MEET THE DISTANCE REQUIREMENTS OF 15A NCAC 2L
.0107(b), IF THE INFILTRATION LAGOON IS UPGRADED AND EXPANDED AS PROPOSED.
THE TOWN OF YAUPON BEACH HAS PROPOSED THIS EXPANSION DUE TO A LACK OF
SUITABLE ON-SITE PROPERTY FOR LOCATING WASTEWATER TREATMENT FACILITIES.
THE TOWN HAS SECURED AN EASEMENT AGREEMENT WITH CP&L TO ALLOW ACCESS
TO THE PROPERTY ADJACENT TO THE INFILTRATION LAGOON EXPANSION AREA.
1
THIS ADJACENT PROPERTY FOR WHICH THE EASEMENT HAS BEEN SECURED IS
LOCATED ON THE BANKS OF THE CP&L DISCHARGE CANAL THAT SERVES THE
BRUNSWICK STEAM ELECTRIC POWER PLANT AND RUNS ROUGHLY PARALLEL TO
DUTCHMANS CREEK.
THIS VARIANCE ENCOMPASSES THE COMPLIANCE BOUNDARY REQUIREMENTS
OF 15A NCAC 2L .0107._ IF THE DIVISION DETERMINES THAT VARIANCES TO 15A NCAC
2H .0200 (PROCEDURES FOR PERMITS: APPROVALS-WASTE NOT DISCHARGED TO
SURFACE WATERS ) RULES ARE NECESSARY THE DIVISION'S WATER QUALITY SECTION
WILL ADDRESS THIS ACTIVITY.
THIS -HEARING WILL,. CONFORM TO PROCEDURES IN 15A NCAC 2L .0113.
ADDITIONAL COPIES OF THE NOTICE OF VARIANCE APPLICATION AND HEARING ARE
LOCATED IN THIS ROOM AND ARE AVAILABLE FOR PUBLIC PERUSAL.
A WRITTEN RECORD OF THIS HEARING WILL BE PREPARED WHICH WILL INCLUDE
ALL THE RELEVANT COMMENTS, QUESTIONS, AND DISCUSSIONS. FOR THIS REASON,
THE HEARING IS BEING TAPE RECORDED. WRITTEN COMMENTS RECEIVED THROUGH
JULY 25, 1994 WILL ALSO BE INCLUDED IN THE RECORD. BASED ON THESE PUBLIC
COMMENTS AND ON ANALYSIS BY THE GROUNDWATER STAFF, I WILL MAKE A
RECOMMENDATION TO THE ENVIRONMENTAL MANAGEMENT COMMISSION. IN MAKING
THE FINAL DECISION, THE ENVIRONMENTAL MANAGEMENT COMMISSION CONSIDERS
THE WRITTEN RECORD, THE RECOMMENDATIONS OF DIVISION STAFF, THE
RECOMMENDATION OF THE HEARING OFFICER, AND THE CONCERNS OF ITS MEMBERS.
THE COMMISSION MUST ALSO CONSIDER WHETHER THE APPLICANT HAS COMPLIED
WITH 15A NCAC 2L .0113(9).
IF THE APPLICANT DECIDES THAT THE COMMISSION'S DECISION IS
UNACCEPTABLE, A PETITION MAY BE FILED ACCORDING TO PROCEDURES IN 15A NCAC
2L .0113(h). THE DECISION ON THE VARIANCE BY THE ENVIRONMENTAL MANAGEMENT
COMMISSION IS FINAL AND BINDING ACCORDING TO THE CONDITIONS SHOWN IN 15A
NCAC 2L .0113(h).
AT THIS TIME, I WOULD LIKE TO RECOGNIZE [names of local or state officials] AND
THANK YOU FOR ATTENDING THIS HEARING. I WOULD ALSO LIKE TO RECOGNIZE THE
FOLLOWING PEOPLE FROM THE DIVISION OF ENVIRONMENTAL MANAGEMENT; [DEM
central office and DEM regional office personnel].
MR. [STAFF SPEAKER] WILL NOW SU_MMARIZE THE PROPOSED VARIANCE WHICH ARE
THE SUBJECT OF THIS HEARING.
STAFF SPEAKER: (STAFF SPEAKER SUMMARIZES THE VARIANCE REQUEST).
2
HJARJNiG.fOFffiiC.Eif.h; THANK YOU. WE WILL NOW ACCEPT PUBLIC COMMENT ON THE
PROPcis'eb"'"""RD[Etf ""''''T'WOULD LIKE TO REQUEST THAT EVERYONE FILL OUT A
REGISTRATION FORM. AFTER ALL REGISTERED SPEAKERS HAVE HAD AN ..
OPPORTUNITY TO COMMENT, I WILL ALLOW ADDITIONAL SPEAKERS AS TIME PERMITS .
WHEN YOUR NAME IS CALLED, PLEASE COME UP TO THE MICROPHONE AND STATE
YOUR NAME AND AFFILIATION. ALL COMMENTS SHOULD BE LIMITED TO MATTERS
THAT ARE RELATIVE TO THE PROPOSED VARIANCE. IF YOUR COMMENTS ARE LONGER
THAN THREE MINUTES, I WOULD LIKE TO REQUEST THAT THEY BE SUBMITTED IN
WRITING. I RESERVE _ THE RIGHT TO QUESTION SPEAKERS IF THE NEED . SHOULD
ARISE. DIVISION OF ENVIRONMENTAL MANAGEMENT STAFF . FROM THE
GROUNDWATER SECTION AND WATER QUALITY SECTION WILL BE AVAILABLE TO
ANSWER YOUR QUESTIONS IF NECESSARY. I WOULD NOW LIKE TO CALL [FIRST
SPEAKER].
[SPEAKERS ••. ]
(THE HEARING OFFICER, REFERRING TO THE REGISTRATION CARDS, CALLS EACH SPEAKER TO THE
MICROPHONE IN TURN)
BHABING i:OFEIOEF:U THANK YOU [LAST SPEAKER]. ARE THERE ANY ADDITIONAL
COMMEN'f§?'··ri=··'fHE'i=fE·····ARE NO MORE COMMENTS, I WILL DECLARE THE HEARING
CLOSED. THE HEARING RECORD WILL REMAIN OPEN UNTIL 12:00 AM (MIDNIGHT) ON
JULY 25, 1994. ANYONE WISHING TO SUBMIT WRITTEN COMMENTS MAY DO SO UNTIL
THAT DATE. AFTER WHICH TIME, THE COMMENTS WILL BE MADE PART OF THE PUBLIC
RECORD AND WE SHALL MAKE RECOMMENDATIONS TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION. IT IS THE DESIRE OF THE COMMISSION TO ALWAYS ACT
IN THE BEST POSSIBLE INTEREST OF THE PUBLIC . THEREFORE, PUBLIC
PARTICIPATION IS A VERY IMPORTANT PART OF THE RULE-MAKING PROCESS. WE
WOULD LIKE TO THANK YOU FOR ATTENDING THE HEARING AND OFFERING YOUR
COMMENTS.
3
DIRECTIONS TO PUBLIC HEARING ON THE TOWN OF YAUPON BEACH VARIANCE
REQUEST (June 23, 1994):
FROM RALEIGH:
Follow Interstate 40 into Wilmington, NC (I-40 will
become NC-132); Follow NC-132 SOUTH and turn right
onto US-76; Proceed west on US-76 toward USS North
Carolina Battleship Memorial, (US-76 will merge
with US-17 & US-74); Proceed past the memorial and
take NC-133 SOUTH at Belville, NC; Continue on NC-
133 SOUTH approximately 20 miles; Take NC 133-87
SOUTH into Southport, NC and get onto NC 133-211;
Follow NC-133 SOUTH (Long Beach Road) when it
branches left; Follow NC-133 approximately four
miles to Yaupon Beach, NC; Turn right o~to Yaupon
Drive and go five blocks then turn right onto Trott
Street; The Ocean View United Methodist Church is
at 606 Yaupon Drive.
*******************************************************************
FROM WASHINGTON , NC:
Follow US-17 into Wilmington, NC; Take NC-132 SOUTH
and turn right onto US-76; Proceed west on US-76
toward USS North Carolina Battleship Memorial, (US-
76 will merge _with US-17 & US-74); Proceed past the
memorial and take Nc....:133 SOUTH at Belville, NC;
Continue on NC-133 SOUTH approximately 20 miles;
Take NC 133-87 SOUTH into Southport, NC and get
onto NC 133~211; Follow NC-133 SOUTH (Long Beach
Road) when it branches left; Follow NC-133
approximately four miles to Yaupon Beach, NC; Turn
right onto Ya upon Drive and go five blocks turn
right onto Trott Street; The Ocean View United
Methodist Church is at 606 Yaupon Drive.
NOTICE OF HEARING
DEPARTMENT OF ENVIRONMENT, HEALTH, AND
I NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Notice is hereby given of a public hearing to be held by the Department of
Environment, Health, and Natural Resources on behalf of the Environmental Management
Commission. The hearing concerns a request for a variance from the Compliance Boundary
requirements of 15A NCAC 2L .0107 for Permit Number WQ0005790; the Town of Yaupon
Beach. The variance application was received for review by the Department on December
22, 1993 from the Town ofYaupon Beach. On March 14, 1994 the Town ofYaupon Beach
made, a ·resolution requesting a variance to meet the application requirements for public
bodies in 15A NCAC 2L .0113(c)(l).
The property location is as follows: Approximately 1/2 mile on the east side of State Road
1101 (Fish Factory Road); approximately 100 feet west of the Carolina Power and Light
discharge canal and Dutchmans Creek. Take NC 133-87 SOUTH into Southport, North
Carolina and get onto NC 133-211; follow NC 133 SOUTH (Long Beach Road) when it
branches left; go approximately 2.0 miles and tum left onto State Road 1101. The facility
is located on the left side of the road.
The following variance is proposed with a background summary:
1) Change the compliance boundary to allow the expansion of the town's
wastewater treatinent facility. The Town of Yaupon Beach presently operates
a High Rate Infiltration Wastewater Treatment and Disposal System
(HRIWTDS) with a treatment capacity of 400,000 gallons per day. The
effluent is discharged into a 125,000 square foot infiltration lagoon. The Town
has proposed to increase the wastewater treatment capacity of this HRIWTDS
by 100,000 gallons per day increasing the total capacity to 500,000 gallons per
day. In order to expand this facility, the Town has proposed the addition-of
a new wastewater treatment facility and the expansion of the infiltration.
lagoon by an additional 70,000 square feet. The Town of Yaupon Beach has
proposed that the expansion area for the infiltration lagoon be within the
property boundaries of the HRIWTDS and towards the southeast due to a
lack of on-site property suitable for locating wastewater treatment facilities.
This expansion will encroach on adjacent property owned by the Carolina
Power and Light Company (CP&L). The adjacent property is situated on the
banks of the CP&L discharge canal adjacent to Dutchman's Creek. Due to
the proximity of the expansion area to this adjacent CP&L property, the
Town's HRIWTDS facility will not meet the distance requirements of 15A
NCAC 2L .0107(b) if the infiltration lagoon is upgraded and expanded as
proposed. The Town of Yaupon Beach bas secured an easement agreement
with CP&L to allow access to the property adjacent to the infiltration lagoon
expansion area.
.·-; .. -.
:'A·-~
.State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 18, 1994
Diane Hinnant
Legal Advertising
Wilmington Star-News
P.O. Box 840
Wilmington, NC 28402
Dear Ms. Hinnant:
The Department of Environment, Health, and Natural Resources will be holding a
Public Hearing on behalf of the Environmental Management Commission to receive
public comment on a variance request for the Town of Yaupon Beach, North Carolina.
You will find enclosed a Public Notice regarding the meeting. It is requested that you
publish the Public Notice in the May 22, 1994 issue.
Publication charges will be paid by this office upon receipt of your invoice,
affidavit, and proof of publication. Please send the invoice in triplicate and the
affidavit in duplicate to the undersigned.
Enclosure
Sincerely,
//)1toJ!_~
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
,NA
DEHNR
May 18, 1994
Diane McKeithan
Legal Advertising
The State Port Pilot
P.O. Box 10548
Southport, NC 28461
Dear Ms. McKeithan:
The Department of Environment, Health, and Natural Resources will be holding a
Public Hearing on behalf of the Environmental Management Commission to receive
public comment on a variance request for the Town of Yaupon Beach, North Carolina.
You will find enclosed a Public Notice regarding the meeting. It is requested that you
publish the Public Notice in the May 25, 1994 issue.
Publication charges will be paid by this office upon receipt of your invoice,
affidavit, and proof of publication. Please send the invoice in triplicate and the
affidavit in duplicate to the undersigned.
Enclosure
Sincerely,
/tnCJl lol:).,
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
....
..
\
NOTICE OF HEARING
'
1DEPARTMENT OF ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Notice is hereby given of a public hearing to be held by the Department of
Environment, Health, and Natural Resources on behalf of the Environmental Management
Commission. The hearing concerns a request for a variance from the Compliance Boundary
requirements of 15A NCAC 2L .0107 for Permit Number WQ0005790; the Town of Yaupon
Beach. The variance application was received for review by the Department on December
22, 1993 from the Town ofYaupon Beach. On March 14, 1994 the Town ofYaupon Beach
made a resolution requesting a variance to meet the application requirements for public
bodies in 15A NCAC 2L .0113(c)(l).
The property location is as follows: Approximately 1/2 mile on the east side of State Road
1101 (Fish Factory Road); approximately 100 feet west of the Carolina Power and Light
discharge canal and Dutchmans Creek. Take NC 133-87 SOUTH into Southport, North
Carolina and get onto NC 133-211; follow NC 133 SOUTH (Long Beach Road) when it
branches left; go approximately 2.0 miles and turn left onto State Road 1101. The facility
is located on the left side of the road.
The following variance is proposed with a bac~ground summary:
1) Change the compliance boundary to allow the expansion of the town's
wastewater treatment facility. The Town of Ya upon Beach presently operates
a High Rate Infiltration Wastewater Treatment and Disposal System
(HRIWTDS) with a treatment capacity of 400,000 gallons per day. The
effluent is discharged into a 125,000 square foot infiltration lagoon. The Town
has proposed to increase the wastewater treatment capacity of this HRIWTDS
by 100,000 gallons per day increasing the total capacity to 500,000 gallons per
day. In order to expand this facility, the Town has proposed the addition-of
a new wastewater treatment facility and the expansion of the infiltration-
lagoon by an additional 70,000 square feet. The Town of Yaupon Beach has
proposed that the expansion area for the infiltration lagoon be within the
property boundaries of the HRIWTDS and towards the southeast due to a
lack of on-site property suitable for locating wastewater treatment facilities.
This expansion will encroach on adjacent property owned by the Carolina
Power and Light Company (CP&L). The adjacent property is situated on the
banks of the CP&L discharge canal adjacent to Dutchman's Creek. Due to
the proximity of the expansion area to this adjacent CP&L property, the
Town's HRIWTDS facility will not meet the distance requirements of 15A
NCAC 2L .0107(b) if the infiltration lagoon is upgraded and expanded as
proposed. The Town of Ya.upon Beach has secured an easement agreement
with CP&L to allow access to the property adjacent to the infiltration lagoon
expansion area.
..
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Carolyn Sweatt
Legal Advertising
The Brunswick Beacon
P.O. Box 2558
Shallotte, NC 28459
Dear Ms. Sweatt:
May 18, 1994
ir]·;l\
,zwwwz -a a a
DEHNR
The Department of Environment, Health, and Natural Resources will be holding a
Public Hearing on behalf of the Environmental Management Commission to receive
public comment on a variance request for the Town of Yaupon Beach, North Carolina.
You will find enclosed a Public Notice regarding the meeting. It is requested that you
publish the Public Notice in the May 26, 1994 issue.
Publication charges will be paid by this office upon receipt of your invoice,
affidavit, and proof of publication. Please send the invoice in triplicate and the
affidavit in duplicate to the undersigned.
Enclosure
Sincerely,
//J'IU__&-f}
M. Carl Bailey, Jr. l
Assistant Chief for Planning
Groundwater Section
P.O. Box 29535, Raleigh. North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
I
Division of Environmental M anagement
Groundwater Section
May 13, 1994
MEMORANDUM:
TO: Ted Bush
THRU: Carl Bailey l,{!,
FROM: --h David Hanc0(_!,,.r--
SUBJECT: Information Requested by the Environmental Management Commission
(EMC) Groundwater Committee Concerning the Application for a Variance
from the Requirements of 15A NCAC 2L .0107 for the Town of Yaupon
Beach (WQ0005790).
On May 11, 1994 the EMC Groundwater Committee held a scheduled meeting.
The Groundwater Section informed the Committee that an application for a variance to
15A NCAC 2L .0107 had been received and that the Director has given approval to
proceed to public hearing in accordance with requirements in 15A NCAC 2L .0113 (d).
The Committee requested that the following additional information be provided:
1) The location of any known private wells and the identities of their owners
pursuant to the requirements of 15A NCAC 2L .0113(c)(4).
2) Supporting information to establish that the requirements of the rule
cannot be achieved by using Best Available Technologies (BAT) in
accordance with the requirements of 15A NCAC 2L .0113(c)(5). This
information should identify of the technologies considered by the
applicant.
3) The status of the buffer easement in the event the adjacent property
owner (Carolina Power and Light Company) were to sell or transfer title
of this property.
In addition, the Groundwater Committee requested a showing that the other
adjacent property owner, Standard Products, Inc., has been notified of the variance
application. 15A NCAC 2L .0113(c)(9) requires the permittee provide a listing of
adjacent property owners. The Groundwater Section will provide notice of a public
hearing_p-If"for this variance request in accordance with 15A NCAC 2L .0113 (e)(l)(F).
i4-&~ ~.~ :s-J-=..W ~ ~ ..J.~
A Ple888 make sure the requested information is provided in the staff presentation
at the public hearing to be held pursuant to 15A NCAC 2L .0113(d).
cc: Arthur Mouberry
Carl Bailey
David Hance
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E.. Director
May 1 7, 1994
Ron Gurganus
Carolina Power and Light Company
(OHS 12A3)
P.O. Box 1551
Raleigh, NC 27602
Dear Mr. Gurganus,
The Department of Environment, Health and Natural
Resources has received a request for a variance from the
Compliance Boundary requirements of 15A NCAC 2L .0107. 15A
NCAC 2L .0113(e)(1)(E) requires adequate notice be given to
area properties and adjacent property owners prior to
hearing. ·
You will find enclosed a Public Notice regarding the
variance hearing. Please refer to the enclosure for
additional information. If you have any questions concerning
this variance request, please contact David Hance at (919)
733-'-3221 (ext. 428).
Enclosure
Sincerely, _ _ ____
11A{J;Jl ~
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
State of North Carolina ·
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A Preston Howard, Jr .. P.E., Director
May 17, 1994
The Honorable May Moore
Town of Yaupon Beach
Mayor's Office
518 Yaupon Drive
Yaupon Beach, NC 28465
Dear Mayor Moore:
The Department of Environment, Health and Natural
Resources .has received a request for a variance from the
Compliance Boundary requirements of 15A NCAC 2L .0107. 15A
NCAC 2L .0113(e)(1)(D) requires adequate notice be given to
governmental units having jurisdiction over the geographical
area covered by the variance prior to hearing.
You will find enclosed a Public Notice regarding the
variance hearing. Please refer to the enclosure for
additional information.
Enclosure
Sincerely,/ / .n 0
/fl ~())r-~
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]!588
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 17, 1994
Ms. Nancy J. Wilson
Yaupon Beach Town Clerk
518 Yaupon Drive
Yaupon Beach, NC 28465
Subject: Request for Variance of 15A NCAC 2L .0113
by the Town of Yaupon Beach for Permit
Number WQ0005790.
Dear Ms. Wilson:
Thank you for making all the necessary arrangements to secure
the meeting location for the hearing to be held on June 23, 1994 at
the Ocean View United Methodist Church in Yaupon Beach. If you will
recall this public hearing is to obtain comment on the request for
a variance from requirements of 15A NCAC 2L .0107 by the Town of
Yaupon Beach. Enclosed is the public notice for that hearing. If
you have any questions regarding this notice or the variance
request please contact David Hance at [phone] (ext. 428).
cc: Arthur Mouberry
David Hance
Sincerely,
!Jr~,
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
P.O. Box 29535. Raleigh. North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Ac tion Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 17, 1994
Mark Farrell
Standard Products of North Carolina Inc.,
1004 Bonner Bussells
Southport, NC 28461
Dear Mr. Farrell,
The Department of Environment, Health and Natural
Resources has received a request ·for a variance from the
Compliance Bounda·ry requirements of 1 SA NCAC 2L . 01 07. 1 SA
NCAC 2L .0113(e)(1)(E) requires adequate notice be given to
area properties and adjacent property owners prior to
hearing.
You will find enclosed a Public Notice regarding the
variance hearing. Please refei to the enclosure for
additional information. If you have any questions concerning
this variance request, please contact David Hance at (919)
733-3221 (ext. 428). .-·.~
Enclosure
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% tecyc:ed/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
---A~A ,8_t;1-, .. n n ,;, ., _____ •
D E HNR
May 17, 1994
Michael u. Rhodes
Brunswick County Health Department
Office of the Health Director
P.O. Box 9
Bolivia, N_C 28422
Dear Mr. Rhodes:
The Department of Environment, Health and Natural
Resources has received a request for a variance from the
Compliance Boundary requirements of 15A NCAC 2L .0107. 15A
NCAC 2L .0113(e)(1)(B} requires adequate notice be given to
the local health agency units having jurisdiction over the
geogr~phical area covered by the variance prior to hearing.
You will find enclosed a Public Notice regarding the
variance hearing. Please refer to the enclosure for
additional information.
Enclosure
Sincerely,
/J:1M-J~,
M. Carl Bailey, J r.
Assistant Chief for Planning
Groundwater Section
P.O. Box 29535 , Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
...... ~~
D E HNA
May 18, 1994
Diane McKeithan
Legal Advertising
The State Port Pilot
P .O. Box 10548
Southport, NC 28461
Dear Ms. McKeithan:
The Department of Environment, Health, and Natural Resources will be holding a
Public Hearing on behalf of the Environmental Management Commission to receive
public comment on a variance request for the Town of Yaupon Beach, North Carolina.
You will find enclosed a Public Notice regarding the meeting. It is requested that you
publish the Public Notice in the May 25, 1994 issue.
Publication charges will be paid by this office upon receipt of your invoice,
affidavit, and proof of publication. Please send the invoice in triplicate and the
·affidavit in duplicate to the undersigned.
Enclosure
Sincerely,
/'/J1tJl-w:)_.f
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
NA
DEHNR.
May 18, 1994
Diane Hinnant
Legal Advertising
Wilmington Star-News
P.O. Box 840
Wilmington, NC 28402
Dear Ms. Hinnant:
The Department of Environment, Health, and Natural Resources will be holding a
Public Hearing on behalf of the Environmental Management Commission to receive
public comment on a variance request for the Town of Yaupon Beach, North Carolina.
You will find enclosed a Public Notice regarding the meeting. It is requested that you
publish the Public Notice in the May 22, 1994 issue.
Publication charges will be paid by this office upon receipt of your invoice,
affidavit, and proof of publication. Please send the invoice in triplicate and the
affidavit in duplicate to the undersigned.
Enclosure
Sincerely,
/ ,, /1 ~
//, '/ C ,n ... --"'~ I rj::(_ ,/i
i..__,.,.~r'/
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
P.O. Box 29535. Raleigh. North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
)
)
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James 8. Hunt, Jr., Governor
Jonathan 8. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Carolyn Sweatt
Legal Advertising
The Brunswick Beacon
P.O. Box 2558
Shallotte, NC 28459
Dear Ms. Sweatt:
May 18, 1994
MA
D EHNA
The Department of Environment, Health, and Natural Resources will be holding a
Public Hearing on behalf of the Environmental Management Commission to receive
public comment on a variance request for the Town of Yaupon Beach, North Carolina.
You will find enclosed a Public Notice regarding the meeting. It is requested that you
publish the Public Notice in the May 26, 1994 issue.
Publication charges will be paid by this office upon receipt of your invoice,
affidavit, and proof of · publication. Please send the invoice in triplicate and the
affidavit in duplicate to the undersigned.
Enclosure
Sincerely,
/(;1 ~ .. .}~~
L .· v -,·
M. Carl Bailey, Jr. "'1
'
Assistant Chief for Planning
Groundwater Section
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
NOTE: 05/10/94
TO: Jack Floyd,
SUBJECT: YAUPON BEACH VARIANCE REQUEST FROM BOUNDARY
REQUIREMENTS OF 15A NCAC 2H .0200
Jack, in your memo to the Director you mentioned that the
variance is being requested from the 15A NCAC 2H .0219(j)(S)(J)
in addition to the Subchapter 2L compliance boundary
requirements. I looked over 15A NCAC 2H .0219 and found in 15A
NCAC 2H .0219(j)(5)(E)(iii) for High Rate Infiltration Wastewater
Systems that there is a boundary requirement of 200 feet from
"Any other stream, canal, marsh, ... ". If you look at the "maps"
provided by the town, it appears that the CP&L discharge canal
(and maybe Dutchmans Creek) will be within 200 feet of the area
proposed for expansion in the variance application.
If we need a variance to 15A NCAC 2H .0219(j)(S)(E)(iii), it
will need to be specified in the Public Notice. Please let me
know if Yaupon Beach will need a variance to 15A NCAC 2H
.0219(j)(S)(E)(iii) in addition to the others so this information
may be included in the public notice I'm working on. A copy of
the page containing the rule is attached.
THANK YOU /
~~
David Hance
cc: Carl Bailey
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James 8. Hunt, Jr., Governor
Jonathan 8. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
NA
DEHNR
DIVISION OF ENVIRONMENTAL MANAGEMENT
Groundwater Section
April 28, 1994
MEMORANDUM
TO: Arthur Mouberry, P.E.
Chief, Groundwater Section
FROM: Preston Howard, Jr. P.E.
Director
SUBJECT: Variance Request for the Town of Yaupon Beach High Rate Infiltration
Wastewater Disposal System (Permit Number #WQ0005790), Brunswick
County
i.11 ,f
I have reviewed the attached package submitted µ! support,,a request for a variance
as outlined in 15A NCAC 2L .0113. Based on what has been submitted, I feel that sufficient
information exists to concur that this variance should proceed with public notice and
hearing as outlined in the rules. Please present this variance request to the GoHmJ.issionoFS
"6f tee Environmental Management Commission (EMC) for their review and
recommendation. Upon receiving approval from the EMC, proceed with the necessary
arrangements to schedule a public hearing in accordance with the requirements of 15A
NCAC 2L .0113(e) so that the Division can receive public input prior to final action on this
variance request.
cc: Ted Bush
Bob Cheek
Carl Bailey
David Hance
Wilmington Regional Hydrogeologic Supervisor
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
NOTE: 04/25/94
TO: Carl Bailey,
SUBJECT: YAUPON BEACH VARIANCE HEARING SCHEDULE
In order to proceed to public notice and hearing for the
Yaupon Beach variance the Division will need EMC approval. The
Groundwater Committee will meet on May 11, 1994 and we can
present this as an agenda item with a recommendation it be
forwarded to the Commission at their next meeting on July 14,
1994. Due to the 30 day notice requirements in 15A NCAC 2L
.0113(e)(1), the 30 day comment period requirement in 15A NCAC 2L
.0113(f), and no scheduled EMC meetings in June or August, the
earliest date the EMC could act to approve this variance is
October 13, 1994.
It is important to note that even if the Groundwater
Committee waived it's 30 day requirement and forwarded this issue
to the EMC on May 12, 1994, it would only expedite final approval
of the variance request by 30 days (i.e. EMC could approve this
in September). ALL SCHEDULED MEETINGS OF THE GROUNDWATER
COMMITTEE AND EMC, PUBLIC HEARING, AND GROUNDWATER SECTION REVIEW
WOULD NEED TO BE PREFORMED WITHIN TARGET DATES OR APPROVAL
SCHEDULE FOR THIS VARIANCE· WILL NEED REVISION.
1 /'!(
fi lf,.-1' 'I '!J';/J . ~ .'//'//)/;-I
. ! /, . I· . I -1ff'l5-~tJ ~---------------
David Hance
1
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
APRIL 25, 1994
MEMORANDUM
To:
Through:
From:
Subject:
Carl Bailey
Bob Cheek fL * C
Jack Floy~,.,.,..---,
Request for Variance from 15A NCAC 2L .0107
Town of Yaupon Beach
High Rate Infiltration Wastewater Treatment and Disposal System
Permit No. WQ0005790
Brunswick County
On December 22, 1993 the Division received an application for amendment of the
subject permit to expand the capacity of the wastewater treatment facility. The Town
seeks to expand the facility by 100,000 GPD with a resultant capacity of 500,000 GPD.
This will be accomplished by the additional of treatment facilities and expanding the
infiltration lagoon by 70,000 square feet. The expansion of the infiltration lagoon will
be toward the eastern portion of the property and will be located less than 50 feet from
the property line the Town shares with Carolina Power and Light, Inc. As expansion of
the infiltration lagoon would result in a compliance boundary intersecting the lagoon,
the Town is seeking a variance to locate the compliance boundary on the CP&L property
(see attached map).
The Town of Yaupon Beach has petitioned the Division for variance from 2L
.0107 to locate the compliance boundary as described on the attached map. In order to
consider such a request, the Town was instructed to comply with the requirements of 2L
.0113. It is my determination that the Town has sufficiently complied with the
requirements of 2L .0113 and therefore, it is time to schedule the requisite public
meeting.
The items of 2L .0113 and the Town's response are summarized below:
1. Resolution by the Town Board: The Town has provided a resolution requesting
variance from 2L .0107 dated March 14, 1994.
2. Description of past. existing or proposed activities that would result in a
discharge of contaminants into groundwater: The Town presently operates a
400,000 GPD high rate infiltration wastewater treatment facility with disposal of
Mp.yor Moore
Yaupon Beach WWTP
February 9, 1994
Page 2
3. Supporting information to establish that the variance will not endanger
public health and safety, including the location of any wells or surface
waters that may be influenced by the proposed variance,
4. Supporting information to establish that requirements of the rule cannot
be achieved by providing the best available technology economically
reasonable, and
5. Supporting information to establish that compliance would produce serious
hardship on the applicant, without equal or greater public benefit.
This information will be reviewed for completeness by the Groundwater Section and a
public notice will be given and a hearing scheduled in accordance with the rules. Once
the hearing record is closed, a final recommendation on the variance-request and final
permit action will be made to the Director.
Please be advised that your application will be considered incomplete until such
time as the variance procedures listed in the rules have been completely fulfilled.
If there are any questions regarding this matter, please call me at 919-733-3221.
attachment
cc: Michael Allen
Charles Stehman
Dave Adkins
David Hance
4 f 3 fL
Jack L. Floyd, P .E.
Environmental Engineer
Robert Graham, Boney and Associates
Central Files
Permit Files
jf /c:wq5790ad
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A Preston Howard, Jr., P.E., Director
May 9, 1994
MEMORANDUM
TO: Arthur Mouberry, P.E.
Chief, Groundwater Section
FROM: Preston Howard, Jr. P.E.
Director
NA
DEHNR
SUBJECT: Variance Request for the Town of Yaupon Beach High Rate Infiltration
Wastewater Disposal System (Permit Number #WQ0005790), Brunswick
County
I have reviewed the attached package submitted in support of a request for a
variance as outlined in 15A NCAC 2L .0113. Based on what has been submitted, I feel that
sufficient information exists to concur that this variance should proceed with public notice
and hearing as outlined in the rules. Please provide public notice in accordance with 15A
NCAC 2L .0113(e) so that the Division can receive public input prior to final action on this
variance request.
cc: Ted Bush
Bob Cheek
Carl Bailey
David Hance
Wilmington Regional Hydrogeologic Supervisor
P.O. Box 29535, Raleigh. North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
May 4, 1994
MEMORANDUM
To: Preston Howard
From: Arthur Mouberry
Subject: Request for Variance from 15A NCAC 2L .0107
Town of Yaupon Beach
High Rate Infiltration Wastewater Treatment and Disposal System
Permit No. WQ0005790
Brunswick County
On December 22, 1993 the Division received an application for amendment of the
subject permit to expand the capacity of the existing wastewater treatment facility.
The Town seeks to expand the facility by 100,000 GPD with a resultant capacity of
500,000 GPO. This will be accomplished by the addition of new wastewater treatment
facilities and the expansion of the infiltration lagoon by 70,000 square feet. The
expansion of the infiltration lagoon will be toward the eastern portion of the property
and will be located less than 50 feet from the property line the Town shares with
Carolina Power and Light, Inc. As expansion of the infiltration lagoon would result in a
compliance boundary intersecting the lagoon, the Town is seeking a variance to locate
the compliance boundary on the CP&L property (see attached map).
It should also be noted that approval of the expansion would also require a
variance from subchapter 2H .0219 (j)(5)(J), which stipulates a 50 foot buffer between
surface disposal units and property lines.
The Town of Yaupon Beach has petitioned the Division for variance from 2L
.0107 to locate the compliance boundary as described on the attached map. In order to
consider such a request, the Town was instructed to comply with the requirements of 2L
.0113. It is my determination that the Town has sufficiently complied with the
requirements of 2L .0113 and therefore, it is time to schedule the requisite public
meeting.
1.
The items of 2L .0113 and the Town's response are summarized below:
Resolution by the Town Board: The Town has provided a resolution requesting
variance from 2L .0107 dated March 14, 1994.
2. Description of p ast. existing or pro posed activities that would result in a
discharge of contaminants into groundwater: The Town presently operates a
400,000 GPD high rate infiltration wastewater treatment facility with disposal of
the effluent into a 125,000 square foot infiltration lagoon. A proposed expansion
of the facility by 100,000 GPD would require an additional 70,000 square feet of
infiltration lagoon. This expansion would encroach an area that borders property
by CP&L. Per rule 2L .0107 the compliance boundary would be located 50 feet
within that property line and would intersect the infiltration lagoon.
3. Description of the area for which the variance is requested: The area within the
proposed compliance boundary is completely located on CP&L property. This
area is situated along the banks for the CP&L discharge canal adjacent to
Dutchman Creek. Please refer to the attached map. The Town has secured an
easement agreement with CP&L that would allow the Town use of the
groundwater for attenuation purposes, any groundwater monitoring, and
remediation that may be necessary.
4. Supp orting information to establish that the variance will not endang er the public
health and safety ... : The area in question does not presently contain nor will it
ever contain any public water supply (groundwater wells or surface water
reservoir) due to the nature of the CP&L discharge canal and federal rules
prohibiting use of the canal zone for such purposes. Furthermore, access to the
area is restricted by both CP&L and the Town of Yaupon Beach.
5. Supp orting information to establish that requirements of the rule cannot be
achieved by providing best available technology economically reasonable: Due to
acreage limitations, the Town has few alternatives regarding expansion of the
wastewater treatment and disposal facilities. The expansion proposal and nature
of the variance request does not necessarily require the use of best available
technologies. By establishing the compliance boundary pursuant to 2L .0107 the
compliance boundary would intersect the infiltration lagoon, requiring the
effluent to be in compliance with 2L .0202 prior to discharge into the lagoon.
This would require additional sophisticated treatment processes to produce an
effluent that is compliant with subchapter 2L.
6. Supp orting information to establish that comp liance would produce serious
financial hardship on the a pp licant: The existing wastewater treatment facility
does not have sufficient capacity for the continued growth and development of
the area. Few options are available for expansion into areas other than the
proposed area. Additional expenditures would be required to develop an
alternative to the proposed wastewater treatment facility, which would include
surface water discharge or nondischarge facilities located elsewhere. The
proposed expansion is the least costly alternative.
7. Supporting information that compliance would produce serious financial hardshi p
without e q ual or greater public benefit: There is no public benefit by denying the
.. variance request. No water supply can be developed on the CP&L property and
access to the area is restricted. The cost that would be incurred due to
development of alternative wastewater disposal options would not be justifiable,
given the proposed wastewater disposal request.
8. A copy of any SOC ... : No Special Order by Consent has been issued for the
subject wastewater disposal facility.
9. A list of names and addresses of property owners ... : CP&L and Standard
Products, Inc. are the only property owners affected by the subject variance
request. All other property is owned by the Town of Yaupon Beach. CP&L has
been notified as evidenced by their consent agreement with the Town. Standard
Products, Inc. will be notified upon issuance of the public notice.
It is the recommendation of the Groundwater Section that the subject variance
request to relocate the compliance boundary as stated in the Town's petition be granted
and that the request proceed to public notice. Upon your concurrence with our
recommendation, the Groundwater Section will proceed with preparation of the required
public notice and hearing.
If there are any questions regarding this matter or if any additional information
is needed, please let me know.
cc: Ted Bush
Carl Bailey
Steve Tedder
Don Safrit
attachments
jf\c:yaupon
NCP has granted permission to allow monitoring, and if
necessary remediation, on their property provided OBBC
activities do not interfere with or cause damage to company
facilities.
It is concluded that the best use of the property formerly
owned by OBBC, aside from construction of the sub-station, is
as a buffer adjacent to the rotary distributor. Relocation of
the compliance boundary to its former position would provide
room for attenuation of contaminants with no significant
impairment to NCP and little threat to groundwater resources.
Based upon the above issues and subsequent conclusions, it is
the recommendation of the hearing officer that the compliance
boundary be moved to the position occupied prior to sale of the
property to NCP and that the variance be granted by the
Commission. At such time that the Commission has made a
decision, draft language can be added to the permit (Permit No.
WQ0002829) to reflect their decision, as appropriate. I have
not taken the liberty to attempt draft language changes to the
permit or to assume the Commission's final decision. It is
also recommended that a revised map be constructed clearly
identifying the adjusted compliance and review boundary.
Should you have any questions on this report or my
recommendations, please contact me at your earliest
convenience.
cc: Jim Mulligan
Perry Nelson
Attachment I Variance Request From Peppertree
Resorts, LTD
'
·\ ~·· ,.:
.\1( ... ,.: PEPPERTKEE
RESORTS, LTD. GROU NOWA HR SECTION
RAl.i:IGH. NC
:: ;:;.r"
,,.,_,. .Atal:~--P!:<Nor •• ,, ¾,,, ,~~l!!:! , .,,·0 -~., •• ,.;,.., ., • lUL 1 1 91 ~, /\:~t~i~i~!fa.s -· . ,~t!f¥~~1t$~f!a:;.~~r,.·t,:f~{-Re~~-ou~i~i{?i 1', ·: 9
·!p Ralefgh "-Nc·.·,27'6il:&.··H;.':'f.',I.::'•.,: ·. . . -":'.·:• · · ~-...
. , ,· .· . ,,'· ·:/1/::-/,;f.~'.:;,:.. •· .," ·· i
Subject:. ,,_Permit--'.~~}?-'{~0002829 .· ,, _}.J } -,WASH~~fd~~FFICE 1
-·•. ~_:·;:/~_::: "; . . ...•. ··,. ""' ·•. • ... -· •-.• ~-~ .. -. -_-=:·{\:/tr; ¾t:--_:-: .... -·-,I Dear Mr. -Hawes.· ,,.,. . , .. ,~~~>~(,-.' · ;, AflG O 1 1991 .· .. -.~, ·.:_ ' ... ~:~t{i~:.:: : \ :•· _-·· .\~ji¼i/--:'~~ '.: ... ::;_. :/;_<-. JI
With regar~ to: tjlitf;·s'lll:>ject permit, we wish to request a?i·•. -,~~·ance_ too~~
compliance_ bouridafy which will allow the use of the prope • ._ sold to VEPCO as
waste disposal area. We have previously submitted that · easement from VEPCO
allow for groundwater infiltration.
Enclosed herewith is a drawing showing VEPCO property with both present and
future structures. Please note that there is sufficient space between the
property boundary and the enclosure fence to locate wells as VEPCO property,
should they be required, without entering the enclosure. Enclosed also is a
copy of the informal memo from VEPCO granting permission to place wells on the
property -if required.
In addition, we are enclosing a report from the engineering firm of Russnow,
Kane & Andrews, prepared by Edwin L. Andrews III, P.G., Consulting
Hydrogeologist stating that any remediation could be done at the compliance
boundaries surrounding the VEPCO NC Power Company sub-station tract.
In view of the above information, we respectfully request that the DEM staff
recommend the granting of a variance to the Environmental Management
Commission.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
RESORTS, LTD .
C: C. Wayne Ki ~ President
! · • , ! ti • \ , 1 \ I', \ -...111 \ I: : !
,01 t..,1 -'~·~··
(t ' ..
Attachment II Virginia Electric Power Company
Correspondence
(l , ,
PEPPERTREE
RESORTS, LTD.
Department of Environment,
Health and Natural Resources
Division of Environmental Management
Groundwater Section
512 North Salisbury Street
Raleigh, NC 27611
Attention: Mr. Bob Cheek, Supervisor
Permits & Compliance unit
Dear Mr. Cheek:
OCtober 9, 1991
2(;5 (~i-.
Construction Grants Program
Re: outer Bank Beach Club
Request for a Variance from
Compliance Boundary Requirements
Permit No. WJ()002829
Dare County
I have received a copy of the letter dated August 29, 1991 from Virginia
Electric Power Company granting permission to place wells on their property.
This permission along with the easement to outer Banks Beach Club should
satisfy any doubts about the use of this property for underground wastewater
disposal.
Since this is the only issue to be resolved on the renewing of Permit No.
~0002829 we would appreciate the issuance o~e renewal permit at this time.
I \ l l
Attachment III Hearing Officer Designation
Attachment IV Affidavit's Of Public Notice For
Public Hearing
REV 8·89 ------PAGE OF . DATI: DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
MO DAY JNL DEPT/DIV YR
I I I 410 4 131 DISBURSEMENTS ACCOUNTING CODE SHEET
C PURCHASE
FUND CONTROL AMOUNT ,..R FRC OBJECT RCC DIST. ORDER L..P ENCUMBRANCE ID ASSET NUMBER PERFERENCE
i NUMBER i LIQUIDATION NUMBER
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I
Attachment V Public Hearing Notification to
Local Governments And Private
Property Owners
" .
. .. •··..::sTMc'~~.
f~ ;\
\\'., "!
\ /
~-~--
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street• Raleigh, North Carolina 27604
James G . Martin, Governor
William W. Cobey, Jr., Secretary
George T. Evereu, Ph.D
Director
Regional Offices
Asheville
704/251-6208
Fayetteville
919/486-1541
Mooresville
704/663-1699
Raleigh
919/571-4700
Washington
919/946-648 I
Wilmington
919/395~3900
Winston-Salem
919/896-7007
Town of Kill Devil Hills
Mayor Lowell Perry
P.O. Box 1719
May 6, 1992
Kill Devil Hills, NC 27948
TO WHOM IT MAY CONCERN:
The Department of Environment, Health and Natural
Resources has recieved a request for a variance from
the Compliance Boundary ~equirements of 15A NCAC 2L
.0107; (Groundwater Classifications and Standards).
15A NCAC 2L .0113(e)(1)(E) requires adequate notice be
given to area properties and adjacent property owners
prior to hearing.
You will find enclosed a Public Notice regarding the
variance hearing. Please refer to the enclosure
for additional information.
Enclosure
Sincerely,
141&.fL~
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
Pollution l'reven-tion Pays
P.O Rn, '1Q'il"i R,,l,•ir,h '1"r1h r . .,,,, .. ,, .,.,,.,.,,_ nc-,c ..,.._, ,
Attachment VI Public Hearing Report And
Proceedings
PROCEEDINGS OF OUTER BANKS BEACH CLUB HEARING
JUNE 18TH, 1992;
MANTEO, N.C.
Introduction
A public hearing was held in North Carolina by the
Division of Environmental Management to receive public
comment on the variance request by Mr. Wayne Kinser for
Permit No. WQ0002829; The Outer Banks Beach Club. The date
and location of this hearing was on June 18th, 1992; 7:00 pm
at the North Carolina Aquarium's Marine Resource Center.
This hearing was held according to procedures outlined in
15A NCAC 2L .0113.
Notice of these hearings was mailed to the public in
accordance with 15A NCAC 2L .0113(e)(1)(A-F). Public notice
was published · in the Raleig h News and Observer and the Dare
County Coastline Times on the 17th of May, 1992.
The hearing was chaired by Mr. Jay Zimmerman, Regional
Hydrogeologist with the Raleigh Regional office.
Hearing Attendees
I) Members of the Public:
a) Arthur W. Beckwith; Wastewater Supervisor, Town of
Kill Devil Hills, 1719 Town Hall Dr., Kill Devil Hills,
N.C. 27948
II) Division of Environmental Management Attendees:
a) Mr. Jack Floyd; Environmental Engineer II
(Raleigh).
b) Mr. David Hance; Environmental Specialist II
(Raleigh).
c) Mr. Willie Hardison; Washington Regional Office,
Regional Groundwater Supervisor.
d) Mr. Guy Pearce; Washington Regional Office,
Hydrogeologist I.
NO COMMENT WAS RECEIVED DURING THE
PUBLIC COMMENT PERIOD SPECIFIED
IN 15A NCAC 2L .0113.
DRAFT REVISION; 07/02/92 (dh)
' ' l
Attachment VII Staff Report And Maps
' ,,
1 SA NCAC 2L . 011 3 is very explicit with regards to the areas that
must be addressed when considering variance requests of this nature.
For simplicity, each question is asked and follcwed by an explanation.
1 . Will a variance endanger public health and
safety, including health and envircomental effects f:ro:n
exposure to groundwater a:intaminates?
No. 'Ihere are no knc:Mr1 drinking water supply wells
within a 1/2 mile radius. '!he primary municipal water
supply is located elsewhere. Furthenrore, groundwater
flow is generally t:cMa.rd Roanoke Sound, 1000 feet to the
West. 'Ihe adjacent property is c:Mned by the tam of
Kill Devil Hills and is a proposed site for a nnmicipal
spray irrigation wastewater disposal system.
2. If a variance is granted, can the groundwater quality
standards be achieved by providing the best available
treabnent technol03Y econanically reasooable?
3.
Yes. '!he pennittee currently provides tertiary
treabnent of wastewater and has proposed ultraviolet
disinfection to eliminate the generation of halogenated
hydrocarl::ans.
If a variance is granted, \O.ll.d achieving a:mpliance at
the a:mpliance boundary prove to be a serious hardship
on the applicant without equal or greater -public
benefit?
Not Necessarily. '!he applicant has ample area to simply
relocate the unconstructed rotary units to ccnfonn with
subsection . 01 07 requirements, provided a
hydrogeological investigatioos shcMs this is an
acceptable alternative. ~ver, leaving the rotary
units as presently proposed would not result in greater
public benefit, since no groundwater supply will be
developed under an electrical substation or near the
adjacent proposed municipal wastewater treabnent
facility.
It is the policy of the Environmental Management Cannissicn to
maintain and -preserve the quality of the groundwaters of the state such
that public health and the environment are protected. In undertaking
this task the Di vision regulates all sources of potential degradation,
including the discharge of treated wastewater to the groundwaters.
'Ihese discharges are required to maintain canpliance with groundwater
quality standards at a prescribed canpliance boundary. 'Ihat boundary
is established pursuant to regulations and may change as property
boundaries may change over the life of the facility.
)
Establishment of the cc:mpliance ooundary pursuant to regulations
does not always a::iincide with the policy and intent of the Comrission
as is the case with Outer Banks Beach Club. With the conpliance
boundary located at its original position, maximum attenuaticn of
wastewater constituents and ccmpliance. with groundwater quality
standards should occur. 'Ihere is no beneficial use obtained by
locating the canpliance boundary pursuant to the regulatioos. No water
supply will be developed in the area, Tm.lch less the N.C. Power
property. Furtherrrore, relocating the rotary uni ts westward to
accc::mn:xJate subsection .0107 requirements may increase the migraticn of
contaminants into the sound. 'Iherefore, the Groundwater Secticn v0.11.d
reccmnend that the ccmpliance boundary remain as it was established
prior to the sale of property to N.C. Fewer, Inc. and the subject
variance request be granted by the Carmissicn.
Upon your concurrence with our recx:mrendation, the Groundwater
Section will proceed with putting this item on the Groundwater
Ccmnittee's January, 1992 agenda for consideraticn. With the
Ccmni ttee' s approval we will forward this i tern to the Environmental
Management Ccmnissicn for consideraticn. Contingent upcn their
decision the Section will set up a public hearing pursuant to 15A OCAC
2L .0113(d & e).
Please let me knew if there are any questions.
PN/JF: ja/Variance.
Attachments
cc: Ted Bush
:Bob Oleek
Steve Tedder
D:ln Safrit
Central Files
Pennit Files
i'
--•--0-r\Y,!~~~.;_,o,~!~ :C,J·. •f, ,..,..,,.:._....__
-H-1-+-1-H
..
I
In conclusion, our office does not object to granting
the requested variance provided the above concerns are
addressed. If you have any questions or wish to discuss this
matter, please contact me at any time. I can be reached at
[phone] .
, .
RJI'ICE CF VAR.IAN:l!: APPLICATICN AND HE'AR.lKi
IEPARIMENI' CF ENVIROHNI', HFAL'IH, AND NAnJRAI. RESCUHCES
Notice is hereby given of a variance application and public hearing to be
held by the Department of Environment, Health, and Natural Resources on behalf
of the El'}vironmental Management Camd.ssion. The Hearing concerns a request for
a variance fran the Ccn;>liance Boundary requirements of 15A NCAC 2L .0107 for
Pennit No. -~002829; the Outer Banks Beach Club,Inc. (OBBC). The variance appli-
cation was received for review by the Department an July 1, 1991 fran the pe:cmittee,
Mr. Wayne Kinser, P.O. Box 6319 Asheville, NC 28816. Mr. Kinser is the president of
Peppertree Resorts, L'ID.
The property location is as follows: At Kill Devil Hills, NC; south of the Wright
Brothers Mennrial approximately 1000 feet. Take U.S. 158 bypass; proceed to· S.R.
1217;then tun1 left onto dirt path as the road curves.
The following variance is proposed with a background sunmary:
1) Olange the canpliance boundary to its fonner location
prior to pennit amendments resulting fran the purchase
of the property by North carolina Power, Inc. (NCP).
On September 13, 1990 the OBBC requested an amendment with
their pennit renewal to relocate a rotary unit to the
northeast potj:ion of their property. 'Ihis request was the
result of the necessity to sell a portion of land to NCP.
'Ihis action was taken in lieu of certain condemnation
proceedings that ~d have resulted in OBOC forfeiting the
property. NCP planned to use the property for an electric
fX=Mer substatic:n. In acoordance with 15 A NCAC 2L .0107b,
the canpliance boundary was adjusted fifty feet frcm the
property boundary. 'Ihis relocaticn presently impacts two
proposed rotary units .which w:)U}_d not meet distance
reguirerrents of 15A N:AC 2L .0107 (b) if constructed.
The variance, if granted, will also reduce the possibi-
lity of a nonccmpliance with 1 SA NCAC 2L . 0202 at
the canpliance boundary. 'Ibis hearing will conform to
procedures in 15A NCAC 2L • 0113. ·
'Ihe hearing will be held as follows:
Manteo
June 1 8 , 1 9 9 2
7:00 P.M .
Marine Resource Center
North Carolina Aquarium
Agenda Item:
Explanation:
Reccnmendation:
Request to Proceed to Public Hearing on a
Request b y outer Banks Beach Club, Inc. for
Variance to 1 SA NCAC 2L , Classification and
Water QJali t y Standards Applicable to the
Groundwaters of N:>rth Carolina.
'Ihe Outer Banks Beach Club, Inc. (OBBC)
operates a high rate infiltration wastewater
treatment and disi;:osal facility in Kitty
Hawk, NC. Part of this facility is located
in an area which OBBC sold to NC Power, Inc.
(fonnerly VEPCO, Inc.) for the location of
an electrical substation. Because NC Power,
Inc. has the authority to acquire property
through condemnation, OBBC had no choice but
to sell the property to NC Power, Inc. 'Ihe
sale of this property resulted in relocation
of the canpliance boundary pursuant to 1 SA
NC'AC 2L . 0107. This relocation caused the
canpliance boundary to intersect a disi;:osal
unit and approach another disi;:osal unit by
less than 50 feet. Conputer rrodeling of the
altered site characteristics indicates that a
high probability of exceedance of the
groundwater quality standards on the NC Power
property exists. As a result, the OBBC has
petitioned for variance fran 1 SA NC'AC 2L
.0107 to relocate the canpliance boundary to
property now owned by NC Power, Inc. Because
the property will only be used as an
electrical substation, concurrence with the
relocation of the canpliance boundary has
been provided by NC Power, Inc. Pursuant to
1 SA NCAC 2L . 0113, any variance fran a
groundwater quality standard or canpliance
boundary requires a public notice and public
hearing prior to Ccmnission action on the
variance.
It is recarmended that the Ccmnission grant
approval to proceed with the required public
notice and subsequent public hearing as
requested in the petition for variance filed
by outer Banks Beach Club, Inc.
15A NCAC 2L .0113 is very explicit with regards to the areas that
must be addressed when considering variance requests of this nature.
For simplicity, each question is asked and foll~ed by an explanatic:n.
1 . Will a variance endanger public heal th and
safety, including health and . environrrental effects fran
exposure to groundwater contaminates?
No. 'Ihere are no J.cna.m drinking water supply wells
within a 1 /2 mile radius. 'Ihe primary nrunicipal water ,
supply is located elsewhere. Furthenrore, groundwater
fl~ is generally tcMard Roanoke Sound, 1000 feet to the
West. 'Ihe adjacent property is owned by the ta.m of
Kill Devil Hills and is a proposed site for a municipal
spray· irrigation wastewater disposal system.
2. If a variance is granted, can the groundwater quality
standards be achieved by providing the best available
treatment technology ecanauically reasonable?
Yes. 'Ihe pennittee currently provides tertiary
treatment of wastewater and has p:roposed ultraviolet
disinfection to eliminate the generation of halogenated
hydrocarrons .
3. If a variance is granted, ~d achieving a:mpliance at
the ccmpliance boundary prove to be a serious hardship
on the applicant without equal or greater public
benefit? ·
Not Necessarily. The applicant has ample area to simply
relocate the unconstructed. rotacy units to ccnfonn with
subsection . 0107 requirements, provided a
hydrogeological investigations shows this is an
acceptable alte:rnative. However, leaving the rotary
units as presently proposed '\IO.lld not result in greater
public benefit, sihce no groundwater supply will be
developed under an electrical substation or near the
adjacent proposed municipal wastewater treabnent
facility.
It is the policy of the Environmental Management Camrission to
maintain and preserve the quality of the groundwaters of the state such
that public health and the environment are protected . In undertaking
this task the Division regulates all sources of potential degradation,
including the discharge of treated wastewater to the groundwaters.
These discharges are required to maintain ccmpliance with groundwater
quality standards at a prescribed canpliance boundary. 'Ihat boundary
is established pursuant to regulations and may change as property
boundaries may change over the life of the facility.
Establishment of the ccrrpliance l:xJundary pursuant to regulations
does not always coincide with the policy and intent of the Ccrrmission
as is the case with Outer Banks Beach Club. With the ccmpliance
ooundary located at its original position, maximum attenuation of
wastewater constituents and canpliance with groundwater quality
standards should occur. There is no beneficial use obtained by
locating the canpliance boundary pursuant to the regulaticns. No water
supply will be developed in the area, nu.1ch less · the N. C. Power
property. Furthenrore, relocating the rotary uni ts westward to
accx::nnodate subsection . 0107 requirements ma.y increase the migration of 1
contaminants into the sound. 'Iherefore, the Groundwater Section would
recc:mnend that the carpliance boundary remain as it was established
prior to the sale of property to N.C. PcMer, Inc. and the subject
variance request be granted by the Cormission.
Upon your concurrence with our reccmnendation, the Groundwater
Section will proceed with putting this item on the Groundwater
Cormittee's January, 1992 agenda for consideration. With the
Conni ttee' s approval · we will forward this item to the Environrrental
Management Ccmnission . for consideration. Contingent upcn their
decision the Section will set up a public hearing pursuant to 15A N::'.AC
2L .0113(d & e).
Please let me knCM if there are any questions.
PN/JF:ja/Variance.
Attachments
cc: Ted Bush
Bob Cheek
Steve Tedder
I:bn Safrit
Central Files
Permit Files
----
In conclusion, our office does not object to granting
the requested variance provided the above concerns are
addressed. If you have any questions or wish to discuss.this
matter, please contact me at any time. I can be reached at
( 919) 946-6481.
JUNE 18,1992
HELLO, MY NAME IS JACK FLOYD. I AM AN ENVIRONMENTAL ENGINEER IN THE
GROUNDWATER SECTION OF THE DIVISION OF ENVIRONMENTAL MANAGEMENT. I
WOULD LIKE TO GIVE TO YOU A BRIEF DESCRIPTION OF THE PROPOSED VARIANCE.
OUTER BANKS BEACH CLUB OPERATES A 500,000 GPD TERTIARY WASTEWATER
TREATMENT PLANT WITH DISPOSAL OF THE TREATED WASTEWATER BY MEANS OF
TWELVE ROTARY DISTRIBUTOR UNITS, SIX OF WHICH HAVE BEEN CONSTRUCTED.
THE OUTER BANKS BEACH CLUB HAS MADE A REQUEST FOR A VARIANCE FROM THE
REGULATIONS THAT ESTABLISH THE LOCATION OF A COMPLIANCE BOUNDARY. THE
REQUEST IS THAT THE OUTER BANKS BEACH CLUB BE ALLOWED TO KEEP THE
COMPLIANCE BOUNDARY IN THE SAME LOCATION AS IT HAS BEEN LOCATED PRIOR
TO SEPTEMBER, 1990. THIS WOULD RESULT IN A COMPLIANCE BOUNDARY THAT
INTERSECTS PROPERTY NOW OWNED BY N.C. POWER, INC.
COMPLIANCE BOUNDARY REQUIREMENTS ARE DESCRIBED IN TITLE 15A SUBCHAPTER
2L (TITLED, CLASSIFICATIONS AND WATER QUALITY STANDARDS APPLICABLE TO
THE GROUNDWATER OF NORTH CAROLINA). THIS REQUIRES ALL WASTE DISPOSAL
FACILITIES TO BE DESIGNED SUCH THAT THE GROUNDWATER QUALITY STANDARDS
ARE NOT EXCEEDED AT THE COMPLIANCE BOUNDARY. COMPLIANCE BOUNDARIES ARE
LOCATED 500 FEET AWAY FROM THE WASTE DISPOSAL SOURCE OR THE PROPERTY
BOUNDARY FOR FACILITIES PERMITTED BEFORE DECEMBER 30, 1983. FOR
--
FACILITIES PERMITTED AFTER DECEMBER 30, 1983, AS IS THE CASE WITH THE
FACILITIES IN QUESTION AT THE OUTER BANKS BEACH CLUB, THE RULES REQUIRE
THAT THE COMPLIANCE BOUNDARY BE LOCATED 250 FEET FROM THE WASTE
DISPOSAL SOURCE• OR 50 FEET INSIDE THE PROPERTY BOUNDARY, WHICH EVER IS
CLOSER TO THE WASTE DISPOSAL SOURCE.
OUTER BANKS BEACH CLUB MADE AN APPLICATION FOR PERMIT RENEWAL AND
AMENDMENT ON SEPTEMBER 13, 1990. THEIR AMENDMENT REQUEST CONSISTED OF
RELOCATING ROTARY UNIT #10 FROM THE AREA NOW OWNED BY NC POWER, INC. TO
THE NORTHEAST PORTION OF OUTER BANKS BEACH CLUB PROPERTY. ALL OTHER
ROTARY UNITS WOULD REMAIN IN THE SAME POSITION AS PREVIOUSLY PERMITTED
IN 1986.
OUTER BANKS BEACH CLUB SOLD THE PROPERTY TO NC POWER, INC. BECAUSE NC
POWER, INC. WAS PLANNING TO CONSTRUCT AN ELECTRICAL SUBSTATION ON THAT
PROPERTY. OUTER BANKS BEACH CLUB HAD LITTLE CHOICE BUT TO SELL THE
PROPERTY OR LOSE IT THROUGH CONDEMNATION. THEY ELECTED TO SELL THE
PROPERTY AND WERE ABLE TO GET CONSENT FROM NC POWER, INC. "TO USE THE
GROUNDWATER RESOURCES BENEATH THE SITE FOR WASTEWATER ATTENUATION
PURPOSES.
WITH THE SALE OF PROPERTY TO NC POWER, INC. THE COMPLIANCE BOUNDARY WAS
\.... RELOCATED FIFTY FEET WITHIN THE PROPERTY BOUNDARY IN ACCORDANCE WITH
SUBSECTIQN . 01 0 7 ( B) OF SUBCHAPTER 2L. BY RELOCATING THE COMPLIANCE
BOUNDARY AS SUCH, THE COMPLIANCE BOUNDARY WOULD INTERSECT ROTARY UNIT
#11 AND COME WITHIN FIFTY FEET OF ROTARY UNIT #12, NEITHER OF WHICH HAS
YET BEEN CONSTRUCTED. MODELING OF WASTEWATER CONSTITUENTS IN
GROUNDWATER AT THE LOCATION .OF THESE ROTARY UNITS CONFIRMED THE HIGH
LIKELIHOOD OF EXCEEDANCE OF GROUNDWATER QUALITY STANDARDS AT THE
COMPLIANCE BOUNDARY. IT IS FOR THIS REASON THE VARIANCE REQUEST IS
BEING MADE. BY MAINTAINING THE COMPLIANCE BOUNDARY AT ITS ORIGINAL
LOCATION, THE WASTEWATER WILL HAVE AN ADDITIONAL ATTENUATION ZONE TO
TREAT WASTEWATER CONSTITUENTS.
THE NC POWER, INC. PROPERTY WILL BE USED ONLY TO CONSTRUCT ~
ELECTRICAL SUBS~ATION. NO DRINKING WATER SUPPLY IS PROPOSED FOR THIS
PROPERTY OR ANY OTHER PROPERTY IN THE IMMEDIATE VICINITY. NC POWER,
INC. HAS AGREED TO ALLOW ANY .GROUNDWATER QUALITY MONITORING THAT MAY BE
NECESSARY TO ENSURE THE INTEGRITY OF THE GROUNDWATERS IN THE AREA.
. '.
Public Hearing-Variance Request
Variance to 15A NC'AC 2L .0107
Manteo, North Carolina
June 18, 1992
HFARIN3 CFFICER Is SPEEOI
HEARING OFFICER: MR. JAY ZD'MERMAN, HYDROGEDI.OGICAL REGICNAL
SUPERVISOR; (RALEIGH REGICNAL OFFICE) •
HEARING OFFICER: (D)I) EVENING, I WJID LIKE 'IO CALL THIS PUBLIC
HEARING 'IO ORDER. MY NAME IS JAY ZIJ.111"1ERMAN, AND I AM THE DIVISICN OF
ENVIRCNIJENI'AL MANAGEMENI' 1 S REGICNAL HYDROGEOI..OGIST FRQIII THE RALEIGH
REGICNAL OFFICE. I HAVE BEEN DESIGNATED HEARING OFFICER FOR THIS
EVENING'S HEARING.
THIS HEARING IS BEING HELD PURSUANI' 'IO NORl'H CAROLINA GENERAL
STA'IUIE 150B-21.2. IN ACXDRDANCE WITH THE GENERAL STA'IUIES, A PUBLIC
IDI'ICE OF THIS HEARING WAS PUBLISHED IN cr.NFORMITY WITH 15A NC'AC 2L
• 0113 OF THE GRC>lJND'lATER RULES AND GENERAL IDI'ICE HAS BEEN GIVEN IN
IOCAL PAPERS ACXX)RDING ' 'IO PRCXEDURES IN 15A NC'AC 2L • 0113 ( e )( 1 ) •
IDI'ICES WERE ALSO DISTRIBUI'ED 'IO THE PUBLIC AT LARGE, LOCAL <DVERNMENI'S,
AND PROPERTY HOLDERS WI'IHIN THE AREA OF THE PROPOSED VARIANCE.
THE PURPOSE OF THIS HEARING IS 'IO OBI'AIN PUBLIC CCMVIENI' AND
PARI'ICIPATICN IN THE CXNSIDERATICN OF THE PROPOSED VARIANCE ~ST OF
MR. WAYNE KINSER OF ASHEVILLE, NC. THE SPECIFIC VARIANCE IS FOR PERMIT
00. ~0002829; THE OOI'ER BANKS BEACH CLUB,INC. THE PERMI'ITEE PROPOSES 'IO
CHANGE THE CXMPLIANCE 130UNDARY FRQIII ITS OJRRENl' IOCATICN SO THAT
ADDITICNAL ROI'ARY UNITS WILL MEE!' REQUIREMENT'S OF 15A NCAC 2L .0107(b),
IF a::NS'IRUCI'ED. PERMI'ITEE ASSERI'S THAT GRANI'ING 'IHIS VARIANCE WILL
REDUCE PROBABILITY OF ~-CXMPLIANCE WI'IH 1 SA NCAC 2L • 0202 AT THE
(D,lPLIANCE BOUNDARY. THIS HEARING WILL cr.NFORM 'IO PRCCEDURES IN 1 SA NC'AC
2L • 0113. ADDITICNAL CDPIES OF THE IDI'ICE OF VARIANCE APPLICATICN AND
HEARING ARE IOCATED IN 'IHIS BUILDING AND ARE AVAILABLE FOR PUBLIC
PERUSAL.
A WRITI'EN REXX>RD OF THIS HEARING WILL BE PREPARED WHIOI WILL
INCLUDE ALL THE RELEVANI' (DVf,lENI'S, QUESTICNS, AND DISCl.JSSICNS. FOR THIS
~, THE HEARING IS BEING TAPE REO)Rl)ED. WRI'ITEN CCMVIENI'S REx:::EIVED
BY JULY 18, 1992 WILL ALSO BE INCLUDED IN THE REX:X)RD. BASED CN THESE
PUBLIC CCMVIENI'S AND CN ANALYSIS BY THE GROl.JNI:MATER STAFF, I WILL MAKE A
REO:MVIENDATICN 'IO THE E:NVIRC.Rv1ENI'AL MANAGEMENl' (XMIIISSICN. IN MAKING
THE FINAL DECISICN, THE ENVIR(H.1ENI'AL MANAGEMENI' (XMIIISSICN CXNSIDERS
THE WRITI'EN REO)RI), THE REXXMVIENDATICN OF THE HEARING OFFICER, AND THE
CXN:ERNS OF ITS MEMBERS. THE CD'MISSICN MUST ALSO ~SIDER WHEIT'HER THE
APPLICANI' HAS CXMPLIED WI'IH 15A NCAC 2L • 0113 ( g) • IF APPLICANI' DECIDES
THAT 'IHE (Dlt,l[[SSICN' S D:OCISICN IS UNACCEPTABLE, A PEI'ITICN MAY BE FILED
ACCORDING 'IO PRO:EXJRES IN 15A N:'.AC 2L .0113(h). 'IHE DOCISICN CN 'IHE
VARIANCE BY THE ~AL MANAGEMENI' cx:M-ITSSICN IS FINAL AND BINDING
ACCORDING 'IO CXIDITICNS SHCMN IN 1 SA NCAC 2L • 0113 ( h) •
MR. [GROONI::mA'IER SECI'ICN STAFF SPEAKER] WILL NCM SlMWUZE 'IHE
PROPOSED VARIANCE WHICli IS THE SUBJOCT OF THIS HEARING.
srAFF SPEAKER: (STAFF SPEAKER SUVMARIZES THE VARIANCE REl2{JEST).
HFARING OFFICER: 'THANK YOO. WE WILL NCM A<XEPI' PUBLIC c::x::M-lENI' CN
'IHE PROPOSED VARIANCE. I vDJLD LIKE 'IO ~ '!HAT EVERY'am FIIL CXJr A
ROOIS'IRATICN FORM. AFI'ER AIL ROOISTERED SPEAKERS HAVE HAD AN
OPPORIUNI'IY 'IO a::»1ENl', I WIIL ALI.£M ADDITICNAL SPEAKERS AS TIME
PERMITS. WHEN YCXJR NAME IS CALLED, PLEASE CXJv1E UP 'IO THE MICROPHCNE AND
STATE YOUR NAME AND AFFILIATICN. AIL CXIv'OO!NI'S SHOULD BE LIMITED 'IO
MA'ITERS '!HAT ARE RELATIVE 'IO THE PROPOSED AOOPI'ICN. IF YOUR CXMVlENI'S
ARE I.OUR '!HAN THREE MINlJI'ES, I \'lXJLD LIKE 'IO ~T '!HAT 'IHEY BE
SlJElv1ITIED IN WRITING. I RESERVE THE RIGHI' 'IO QUESTICN SPEAKERS IF 'lHE
NEED SHOULD ARISE. DIVISICN OF ENVIRCN-1ENI'AL MANAGEMENr STAFF WIIL BE
AVAILABLE 'IO ANSWER YOUR QUESTICNS IF NEX:ESSARY. I \'lXJLD NCM LIKE 'IO
CALL [FIRST SPEAKER] •
[ SPFAKERS ••• ]
('IHE HEARING OFFICER, REFERRING 'IO THE REGISTRATICN CARDS, CALLS
EAOI SPEAKER 'IO THE MICROPHCNE IN '!URN)
HFARING OFFICER: 'THANK YOO [LAST SPF.AKER]. ARE 'IHERE ANY
ADDITICNAL CXM-1ENI'S? IF 'IHERE ARE 00 M)RE ~, I WILL D&:LARE 'lHE
HEAR1NG CJ:.DSED. 'IHE HEARING RECORD WILL REMAIN OPEN UNI'IL JULY 18,
1992. ANYrnE WISHING 'IO SUBMIT WRI'ITEN a:::tJMENI'S MAY 00 SO UNI'IL THAT
DATE. AFI'ER WHICli TIME, 'IHE aM-1ENl'S WIIL BE MADE PAR!' OF THE PUBLIC
REOlRD AND I SHALL MAKE MY R&XlvMENDATICN 'ID THE ENVIROOMENI'AL
MANAGEMEN1' (Dlt,l[[SSICN. IT IS 'IHE DESIRE OF 'lHE CXM-1ISSICN 'ID AI.H/AYS N:r
IN THE BEST POSSIBLE INIEREST OF THE PUBLIC. THEREFORE, PUBLIC
FARI'ICIPATICN IS A VERY IMPORI'ANI' PAR!' OF THE VARIANCE EVALUATICN
PRCCESS. WE mJLD LIKE 'IO THANK YOO FOR A'ITENDING THE HEARING AND
OFFERING YOUR <X»'IENI'S.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 9, 1994
MEMORANDUM
TO: Arthur Mouberry, P.E.
Chief, Groundwater Section
FROM: Preston Howard, Jr. P.E. )l\,j
Director ~
ir1·;~ •awww.:t SW. a n n
DEHNR
SUBJECT: Variance Request for the Town of Yaupon Beach High Rate Infiltration
Wastewater Disposal System (Permit Number #WQ0005790), Brunswick
County
I have reviewed the attached package submitted in support of a request for a
variance as outlined in 15A NCAC 2L .0113. Based on what has been submitted, I feel that
sufficient information exists to concur that this variance should proceed with public notice
and hearing as outlined in the rules. Please provide public notice in accordance with 15A
NCAC 2L .Ol 13(e) so that the Division can receive public input prior to final action on this
variance request.
cc: Ted Bush
Bob Cheek
Carl Bailey
David Hance
Wilmington Regional Hydrogeologic Supervisor
P.O. Box 29535. Raleigh. North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
2.
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7.
Description of p ast. existing or proposed activities that would result in a
discharge of contaminants into groundwater: The Town presently operates a
400,000 GPD high rate infiltration wastewater treatment facility with disposal of
the effluent into a 125,000 square foot infiltration lagoon. A proposed expansion
of the facility by 100,000 GPO would require an additional 70,000 square feet of
infiltration lagoon. This expansion would encroach an area that borders property
by CP&L. Per rule 2L .0107 the compliance boundary would be located 50 feet
within that property line and would intersect the infiltration lagoon.
Description of the area for which the variance is requested: The area within the
proposed compliance boundary is completely located on CP&L property. This
area is situated along the banks for the CP&L discharge canal adjacent to
Dutchman Creek. Please refer to the attached map. The Town has secured an
easement agreement with CP&L that would allow the Town use of the
groundwater for attenuation purposes, any groundwater monitoring, and
remediation that may be necessary.
Supporting information to establish that the variance will not endanger the public
health and safety . .,: The area in question does not presently contain nor will it
ever contain any public water supply (groundwater wells or surf ace water
reservoir) due to the nature of the CP&L discharge canal and federal rules
prohibiting use of the canal zone for such purposes. Furthermore, access to the
area is restricted by both CP&L and the Town of Yaupon Beach.
Su pp orting information to establish that requirements of the rule cannot be
achieved b y providing best available technology economically reasonable: Due to
acreage limitations, the Town has few alternatives regarding expansion of the
wastewater treatment and disposal facilities. The expansion proposal and nature
of the variance request does not necessarily require the use of best available
technologies. By establishing the compliance boundary pursuant to 2L .0107 the
compliance boundary would intersect the infiltration lagoon, requiring the
effluent to be in compliance with 2L .0202 prior to discharge into the lagoon.
This would require additional sophisticated treatment processes to produce an
effluent that is compliant with subchapter 2L.
Supp orting information to establish that compliance would produce serious
financial hardshi p on the a pp licant: The existing wastewater treatment facility
does not have sufficient capacity for the continued growth and development of
the area. Few options are available for expansion into areas other than the
proposed area. Additional expenditures would be required to develop an
alternative to the proposed wastewater treatment facility, which would include
surface water discharge or nondischarge facilities located elsewhere. The
proposed expansion is the least costly alternative.
Supp orting information that compliance would produce serious financial hardshi p
without e qual or greater public benefit: There is no public benefit by denying the
variance request. No water supply can be developed on the CP&L property and
access to the area is restricted. The cost that would be incurred due to
development of alternative wastewater disposal options would not be justifiable,
given the proposed wastewater disposal request.
8. A copy of any SOC ... : No Special Order by Consent has been issued for the
subject wastewater disposal facility.
9. A list of names and addresses of property owners ... : CP&L and Standard
Products, Inc. are the only property owners affected by the subject variance
request. All other property is owned by the Town of Yaupon Beach. CP&L has
been notified as evidenced by their consent agreement with the Town. Standard
Products, Inc. will be notified upon issuance of the public notice.
It is the recommendation of the Groundwater Section that the subject variance
request to relocate the compliance boundary as stated in the Town's petition be granted
and that the request proceed to public notice. Upon your concurrence with our
recommendation, the Groundwater Section will proceed with preparation of the required
public notice and hearing.
If there are any questions regarding this matter or if any additional information
is needed, please let me know.
cc: Ted Bush
Carl Bailey
Steve Tedder
Don Safrit
attachments
jf\c:yaupon
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard. Jr., P.E .• Director
irJ·;~
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D E HNR
GROUNDWATER SECTION
February 9, 1994
The Honorable May Moore
Mayor, Town of Yaupon Beach
518 Yaupon Drive
Yaupon Beach, NC 28465
Subject: Expansion of Yaupon Beach Wastewater Treatment Plant
Permit No. WQ0005790
Request for Variance from 15A NCAC 2L.0107(b)
Brunswick County
Dear Mayor Moore:
This is in reference to your application for a permit to expand the subject
wastewater treatment facility received December 22, 1993.
The subject permit amendment application contained a request to locate the
compliance boundary along Dutchman Creek. Regulations promulgated by the
Environmental Management Commission and codified as 15A NCAC 2L.0107(b),
stipulate the location of the compliance boundary as 250 feet from the waste boundary
or 50 feet within the property boundary, whichever is closer to the source. Location of
a compliance boundary that does not conform to this rule can only be granted by
approval of a variance to the rule in accordance with procedures described in rule
2L.0113. I have attached a copy of the applicable rules for your convenience.
Rule 2L.0113 makes certain requirements of both the permittee and the Division.
The permittee must provide certain informational items in the application for variance.
In addition to the application material that has already been submitted, several other
items are still needed to make your application complete. These additional items are
listed in rule 2L .0113(c) and summarized below:
1. A description of the exact variance that is being requested and a
resolution by the Town Board requesting the variance,
2. A description of the area for which the variance is requested, including a
detailed map of the area,
P.O. Box 29535. Raleigh. North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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3.
4.
5.
the effluent into a 125,000 square foot infiltration lagoon. A proposed expansion
of the facility by 100,000 GPD would require an additional 70,000 square feet of
infiltration lagoon. This expansion would encroach an area that borders property
by CP&L. Per rule 2L .0107 the compliance boundary would be located 50 feet
within that property line and would intersect the infiltration lagoon.
Description of the area for which the variance is requested: The area within the
proposed compliance boundary is completely located on CP&L property. This
area is part of the banks for the CP&L discharge canal along Dutchman Creek.
Again please ref er to the attached map.
Supporting information to establish that the variance will not endanger the public
health and safety ... : The area in question does not presently contain nor will it
ever contain any public water supply (groundwater wells or surf ace water
reservoir) due to the nature of the CP&L discharge canal and federal rules
prohibiting use of the canal zone fo~ such purposes. Furthermore, access to the
area Is restricted by both CP&L and the Town of Yaupon Beach.
Supporting information to establish that requirements of the rule cannot be
achieved by providing best available technology economically reasonable: Due to
acreage limitations, the Town has few alternatives regarding expansion of the
wastewater treatment and disposal facilities. The expansion proposal and nature
of the variance request does not necessarily require the use of best available
technologies. By establishing the compliance boundary pursuant to 2L .0107 the
compliance boundary would intersect the infiltration lagoon, requiring the
effluent to be in compliance with 2L .0202 prior to discharge into the lagoon.
6. Supporting information to establish that compliance would produce serious
financial hardship on the applicant: The existing wastewater treatment facility
does not have sufficient capacity for the continued growth and development of
the area. Few options are available for expansion into areas other than the
proposed area. Additional expenditures would be required to develop an
alternative to the proposed wastewater treatment facility. The proposed
expansion is the least costly alternative.
7. Supporting information that compliance would produce serious financial hardship
without equal or greater public benefit: There is no public benefit by denying the
variance request. No water supply can be developed on the CP&L property and
access to the area is restricted. The cost that would be Incurred due to
development of alternative wastewater disposal options would not be justifiable,
given the proposed wastewater disposal request.
8. A copy of any SOC ... : No Special Order by Consent has been issued for the
subject wastewater disposal facility.
9. A list of names and addresses of property owners ... : CP&L is the only property
(_
(
owner affected by the subject variance request. All other property is owned by
the Town of Yaupon Beach. CP&L has been notified as evidenced by their
consent agreement with the Town.
If there are any questions regarding this matter or if any additional information
is needed, please let me know.
cc: Ted Bush
c:yaupon
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr ., Governor
Jonathan B. Howes, Secretary
A Preston Howard, Jr., P.E., Director
NA
DEHNR.
GROUNDWATER SECTION
The Honorable May Moore
Mayor, Town of Yaupon Beach
518 Yaupon Drive
Yaupon Beach, NC 28465
February 9, 1994
Subject: Expansion of Yaupon Beach Wastewater Treatment Plant
Permit No. WQ0005790
Request for Variance from 15A NCAC 2L.0107(b)
Brunswick County
Dear Mayor Moore:
This is in reference to your application for a permit to expand the subject
wastewater treatment facility received December 22, 1993.
The subject permit amendment application contained a request to locate the
compliance boundary along Dutchman Creek. Regulations promulgated by the
Environmental Management Commission and codified as 15A NCAC 2L.0107(b),
stipulate the location of the compliance boundary as 250 feet from the waste boundary
or 50 feet within the property boundary, whichever is closer to the source. Location of
a compliance boundary that does not conform to this rule can only be granted by
approval of a variance to the rule in accordance with procedures described in rule
2L.0113. I have attached a copy of the applicable rules for your convenience.
Rule 2L.0113 makes certain requirements of both the permittee and the Division .
The permittee must provide certain informational items in the application for variance.
In addition to the application material that has already been submitted, several other
items are still needed to make your application complete. These additional items are
listed in rule 2L .0113(c) and summarized below:
1. A description of the exact variance that is being requested and a
resolution by the Town Board requesting the variance,
2. A description of the area for which the variance is requested, including a
detailed map of the area,
P.O . Bo x 29535. Ral e igh . North Carolina 27626-0535 Te lephone 9 19-733 -3221 FAX [phone]
An Equal Opportunity Affirmative Action Emoloyer 50% recycled/ 10% post-consumer paper
the effluent into a 125,000 square foot infiltration lagoon. A proposed expansion
of the facility by 100,000 GPO would require an additional 70,000 square feet of
infiltration lagoon. This expansion would encroach an area that borders property
by CP&L. Per rule 2L .0107 the compliance boundary would be located 50 feet
within that property line and would intersect the infiltration lagoon.
3. Description of the area for which the variance is requested: The area within the
proposed compliance boundary is completely located on CP&L property. This
area is part of the banks for the CP&L discharge canal along Dutchman Creek.
Again please refer to the attached map.
4. Supporting information to establish that the variance will not endanger the public
health and safety ••• : The area in question does not presently contain nor will it
ever contain any public water supply (groundwater wells or surf ace water
reservoir) due to the nature of the CP&L discharge canal and federal rules
prohibiting use of the canal zone for such purposes. Furthermore, access to the
area is restricted by both CP&L and the Town of Yaupon Beach.
5. Supporting information to establish that requirements of the rule cannot be
achieved b y providing best available technology economically reasonable: Due to
acreage limitations, the Town has few alternatives regarding expansion of the
wastewater treatment and disposal facilities. The expansion proposal and nature
of the variance request does not necessarily require the use of best available
technologies. By establishing the compliance boundary pursuant to 2L .0107 the
compliance boundary would intersect the infiltration lagoon, requiring the
effluent to be in compliance with 2L .0202 prior to discharge into the lagoon.
6. Su pp orting information to establish that compliance would produce serious
financial hardshi p on the a pp licant: The existing wastewater treatment facility
does not have sufficient capacity for the continued growth and development of
the area. Few options are available for expansion into areas other than the
proposed area. Additional expenditures would be required to develop an
alternative to the proposed wastewater treatment facility. The proposed
expansion is the least costly alternative.
7. Su pp orting information that compliance would produce serious financial hardshi p
without e qual or greater public benefit: There is no public benefit by denying the
variance request. No water supply can be developed on the CP&L property and
access to the area is restricted. The cost that would be incurred due to
development of alternative wastewater disposal options would not be justifiable,
given the proposed wastewater disposal request.
8. A copy of any SOC ... : No Special Order by Consent has been issued for the
subject wastewater disposal facility.
9. A list of names and addresses of property owners ... : CP&L is the only property
owner affected by the subject variance request. All other property is owned by
the Town of Yaupon Beach. CP&L has been notified as evidenced by their
consent agreement with the Town.
If there are any questions regarding this matter or if any additional information
is needed, please let me know.
cc: Ted Bush
c:yaupon
NOTICE OF HEARING
DEPARTMENT OF ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Notice is hereby given of a public hearing to be held by the Department of
Environment, Health, and Natural Resources on behalf of the Environmental Management
Commission. The hearing concerns a request for a variance from the Compliance Boundary
requirements of 15A NCAC 2L .0107 for Permit Number WQ0005790; the Town of Yaupon
Beach. The variance application was received for review by the Department on December
22, 1993 from the Town ofYaupon Beach. On March 14, 1994 the Town ofYaupon Beach
made a resolution requesting a variance to meet the application requirements for public
bodies in 15A NCAC 2L .0113(c)(l).
The property location is as follows: Approximately 1/2 mile on the east side of State Road
1101 (Fish Factory Road); approximately 100 feet west of the Carolina Power and Light
discharge canal and Dutchmans Creek. Take NC 133-87 SOUTH into Southport, North
Carolina and get onto NC 133-211; follow NC 133 SOUTH (Long Beach Road) when it
branches left; go approximately 2.0 miles and tum left onto State Road 1101. The facility
is located on the left side of the road.
The following variance is proposed with a background summary:
1) Change the compliance boundary to allow the expansion of the town's
wastewater treatment facility. The Town of Ya upon Beach presently operates
a High Rate Infiltration Wastewater Treatment and Disposal System
(HRIWTDS) with a treatment capacity of 400,000 gallons per day. The
effluent is discharged into a 125,000 square foot infiltration lagoon. The Town
has proposed to increase the wastewater treatment capacity of this HRIWTDS
by 100,000 gallons per d~y increasing the total capacity to 500,000 gallons per
day. In order to expand this facility, the Town has proposed the addition-of
a new wastewater treatment facility and the expansion of the infiltration.
lagoon by an additional 70,000 square feet. The Town of Yaupon Beach has
proposed that the expansion area for the infiltration lagoon be within the
property boundaries of the HRIWTDS and towards the southeast due to a
lack of on-site property suitable for locating wastewater treatment facilities.
This expansion will encroach on adjacent property owned by the Carolina
Power and Light Company (CP&L). The adjacent property is situated on the
banks of the CP&L discharge canal adjacent to Dutchman's Creek. Due to
the proximity of the expansion area to this adjacent CP&L property, the
Town's HRIWTDS facility will not meet the distance requirements of 15A
NCAC 2L .0l07(b) if the infiltration lagoon is upgraded and expanded as
proposed. The Town of Yaupon Beach has secured an easement agreement
with CP&L to allow access to the property adjacent to the infiltration lagoon
expansion area.
·····.---
G961
Power & Light Company, dated: (a) September 25, 1970, and recorded in Book 246,
page 404; and (b) September 13, 1971, and recorded in Book 260, page 147; and (2)
Carolina Power & Light Comp.any to North Carolina Eastern Municipal Power Agency
dated: (a) April 21, 1982, and recorded in Book 497, page 121; (b} August 31,
1982, and recorded in Book 507, page 853; (c) October 15, 1982, and recorded in
Book 511, page 673; (d) November 30, 1982, and recorded in Book 515, page 185;
and (e} April 29, 1983, and recorded.in Book 527, page 730, all Brunswick County
Registry, for ·the sole purpose of establishing a buffer zone easement area in
connection with the waste water treatment facilities of the TOWN on its adjoining
property, with said easement area being more particularly described as follows:
Lying and being in Smithville Township, Brunswick County,
North Carolina:
BEGINNING at a point being located at the southeastern corner
of that 12.662-acre tract of land described in a deed from Carolina
Power & Light Company to the Town of Yaupon Beach, dated October 22,
1992, and recorded in Book 907, page 576, Brunswick County Registry,
said point also being located at the approximate mean high water
line of the west bank of Dutchman's Creek; and runs thence along and
with the eastern property line of said 12.662-acre tract of land the
following courses and distances: North 02 degrees 01 minute 16
seconds West 177.65 feet to an iron pipe and a curve to the right
for arc distance of approximately 350 feet, said curve having a
radius of 3635.97 feet, to a point being located at the approximate
mean high water line of said Dutchman's Creek; and thence along and
with said mean high water line the following courses and distances:
southeastwardly approximately 350 feet to a point and
southwestwardly approximately 250 feet to the point of BEGINNING,
encompassing 1 acre , more or less, as shown on Carolina Power &
Light Company Drawing No. ~-D-8762 (dated September 30, 1992,
revised 8-31-93}, which Drawing is incorporated herei_n by reference
and made a part hereof.
This EASEMENT will be for a buffer zone only, and will be utilized
pursuant to the rules and regulations of North Carolina Division of Environmental
Management as follows:
1. That this EASEMENT shall run with the land and shall be
appurtenant to the waste water treatment facility of the TOWN
identified as Permit# WQ0005790 as issued by the Division of
Environmental Management of the State of North Carolina, P. 0.
Box 29535, Raleigh, N.C. 27626-0535, and phone number of (9l9)
733-5083.
2. That the construction or operation of water supply wells
within said easement area is prohibited.
3. That the State of North Carolina, CP&L, and NCEMPA reserve the
right to enter upon said easement area as described in this
EASEMENT for ground water monitoring and remediation purposes .
2
GOOD EVENING. MY NAME IS JACK FLOYD AND I AM AN
ENGINEER WITH THE GROUNDWATER SECTION OF THE DIVISION
OF ENVIRONMENTAL MANAGEMENT.
'
THE TOWN OF YAUPON BEACH HAS PETITIONED THE DIVISION
OF ENVIRONMENTAL MANAGEMENT FOR A PERMIT TO EXPAND THE
EXISTING WASTEWATER TREATMENT FACILITY LOCATED ON
STATE ROAD 1101 (FISH FACTORY ROAD). CURRENTLY THE
WASTEWATER TREATMENT FACILITY IS DESIGNED TO TREAT
400,000 GPO OF WASTEWATER AND INCLUDES A TERTIARY
LEVEL PACKAGE TYPE WASTEWATER TREATMENT SYSTEM,
DISINFECTION FACILITIES, AND AN APPROXIMATELY
SQUARE FOOT INFILTRATION POND. THE EXPANSION
127,000
PROPOSAL
INCLUDES
TREATMENT
AN ADDITIONAL TERTIARY LEVEL PACKAGE TYPE
SYSTEM, AND AN EXTENSION OF THE INFILTRATION
POND BY 7 0 , 0 0 0 SQUARE FEET . THE INFILTRATION
EXPANSION IS PROPOSED FOR AN AREA IMMEDIATELY
POND
EAST OF
THE EXISTING POND. THE NEW SYSTEM WILL INCREASE THE
CAPACITY
ULTIMATE
OF THE FACILITY BY 100,000 GPO, WITH THE
DESIGN FLOW BEING 500,000 GPD.
RULES FOUND IN TITLE 1 SA SUBCHAPTER 2L OF THE
1
Dl 11 ,r
j1r!Y ,
ADMINISTRATIVE CODE DEFINES THE COMPLIANCE BOUNDARY AS
A BOUNDARY AROUND A DISPOSAL SYSTEM AT AND BEYOND
WHICH GROUNDWATER QUALITY STANDARDS MAY NOT BE
EXCEEDED. THESE RULES ESTABLISH THE COMPLIANCE
BOUNDARY FOR FACILITIES PERMITTED AFTER DECEMBER 3 0 ,
1983, AT 250 FEET FROM THE WASTE SOURCE OR 50 FEET
WITHIN THE PROPERTY LINE, WHICHEVER IS CLOSER TO THE
SOURCE. AS REQUIRED BY THESE RULES, THE COMPLIANCE
BOUNDARY FOR THE YAUPON BEACH FACILITY WOULD BE
LOCATED INSIDE THEIR PROPERTY LINE WITH CP&L AND WOULD
INTERSECT THE INFILTRATION POND (REFERENCE MAP). TO
ACCOMMODATE THE EXPANDED INFILTRATION POND THE TOWN
HAS REQUESTED A VARIANCE FROM THIS RULE, SUCH THAT THE
COMPLIANCE BOUNDARY FOR THE FACILITY EXPANSION WOULD
BE LOCATED ON PROPERTY OWNED BY CP&L (REFERENCE MAP).
THIS WOULD PLACE THE COMPLIANCE BOUNDARY WITHIN 5 0
FEET OF THE HIGH WATER MARK FOR DUTCHMAN CREEK. THE
COMPLIANCE BOUNDARY ASSOCIATED WITH THE EXISTING
FACILITY AND A PORTION OF THE EXPANDED FACILITY WOULD
REMAIN THE SAME IN ACCORDANCE WITH THE RULES.
\' 0\ ck,c
THE RULES -~ -Bil, SUBCHAPTER 2L DEFINE THE
2
REQUIREMENTS OF A VARIANCE PETITION. AS SUCH, THE
TOWN HAS PROVIDED INFORMATION ADDRESSING THESE
REQUIREMENTS. TO SUMMARIZED THIS INFORMATION:
1 . NO WATER SUPPLY WELLS ( PUBLIC OR PRIVATE)
2.
3.
PRESENTLY EXIST WITH THE PROPERTY IN QUESTION.
ALSO NO WATER SUPPLY WILL BE DEVELOPED WITHIN THE
BOUNDARY. ENTIRE COMPLIANCE
THE ALTERNATIVES FOR EXPANSION OF THE TREATMENT
FACILITIES ARE QUITE LIMITED. FOR EXAMPLE, OTHER
AREAS ON THE YAUPON BEACH PROPERTY
FOR WASTE DISPOSAL AND ALTERNATIVE
ARE UNSUITABLE
METHODS OF
DISPOSAL HAVE BEEN DETERMINED TO BE TOO COSTLY.
THE TOWN HAS RECEIVED A PERPETUAL EASEMENT FROM
CP&L TO USE THEIR PROPERTY AS DELINEATED ON THE
MAP, FOR PURPOSES OF GROUNDWATER ASSIMILATION,
GROUNDWATER
GROUNDWATER
MONITORING,
REMEDIATION.
AND IF NECESSARY
THANK YOU.
3
Public Hearing Registrati.on Form
(Legibly print. please!)
Hearing ~nup oa }?eo.d:\ Yo.r\anc e Date Dlo -23-94
Please furnish the information requested below and indicate whether you wish to be heard during this
public hearing. This Information is necessary In order that you be given an opportunity to speak and so
that your name and affiliation will be correctly entered In the hearing record.
Name 5 e \ \ J E\\2ab ~ Title :C~-\-Y"""UC..:\Or
Employer/Representing ~YG\N\C..K Co :M • E d / e:e\:£
Moiling Address I\ 44 <.. F ~sn ~ Bd.1
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City ar,d State exmhpe>r\ J \\JC Zip Code 2 84-Co \
Yes
Do you wish to be heard? If your presentation will exceed three minutes, please submit
three copies of your statement to the hearing clerk along with this registration form.
Do you wish to receive a copy of regulations, If any, resulting from this hearing?
Division of Environmental Management.
Nortn Carolina Department of Environment. Health. and Natural Resources
Puofic Hearing Registrati<;>n Form
Hearing
(legibly print. please!) I
,'tlql'e,,a
I
Ve Date ,)qt?e t--5 , 9 4
Please furnish the information requested below and indicate whether you wish to be heard during this
public hearing. This information is necessary In order that you be given an opportunity to speak and so
that your name and affiliation will be correctly entered In the hearing record.
Name ,,,_/, F,'.-,, / 1 {;~>?~( Title 6Af 1/2~#4':
Employer /Representing ~;? ~ .L ~,,,::;/,vi~ J I ,,-,t:!-•
Mailina Address P~'l: AJ . BP (/ /t4 M tf-,~
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City ar,d State __ £_,,# ......... /4-=~____,l...._..f=r---=--'h'---1~Jl6~-~-· -'-Zip Code -~-~----=-~-~-=:,~--
Yes bJ..Q.
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✓
Do you wish to be heard? If your presentation will exceed three minutes. please submit
three copies of your statement to the hearing clerk along with this registration form.
Do you wish to receive a copy of regulations. If any, resulting from this hearing?
Division of Environmental Mancgement.
North Caroline Department of Environment. Health. and Natural Resources
Puulic Hearing Registration Form
(Legibly print. please!) / /
Hearing Date b h J l?J ---------------------I I
Please furnish the Information requested below and indicate whether you wish to be heard during this
public hearing. This Information Is necessary In order that you be given on opportunity to speak and so
that your name and affiliation will be correctly entered In the hearing record.
Name ,/114 c./<_ /Jr\&~ Title Qi-'½ ""1 r s s r vJ--!k-:Z._
Employer/Representing V4 uJo .t.J 11-f 4 c..pL
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Mailing Address -----=U=----'-'ll ............ 72.___/4-----'H_· _._-__ S____.__f ______________ _
City and State VQ u/-0 J iu.AJ<..£./ ;:.J, .. C .. I ~
Zip Code ;;2_ oV b.S-
Yfil bl,Q
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Do you wish to be heard? If your presentation will exceed three minutes, please submit
three copies of your statement to the hearing clerk along with this registration form.
Do you wish to receive a copy of regulations, If any, resulting from this hearing?
Division of Environmental Management.
North Carolina Department of Environment. Health, and Natural Resources
Pub1ic Hearing Registrati.on Form
(Legibly print. please!)
Hearing ------"'{_f __ V_,_b ~'f ~;w;.~!'-~cf,___ ________ Date _~(e_/_$l_~-+1/_'9~'/'----
Please furnish the information requested below and Indicate whether you wish to be heard during this
public hearing . This Information is necessary In order that you be given an opportunity to speak and so
that your name and affiliation w!II be correctly entered in the hearing record.
Name W /LL mro 0 S m;tt, Title □ ,c:?omttU'5!6N'01...,.J
Employer/Representing . ___________________________ _
Mailing Address 2 O Q ~ ,po,-1 --;J)n.
City and State Y,wpo t ... l -Of?$-C:..H, 1 k.J C
Yfil tlQ
Zip Code "2 ~c../11';1
✓ Do you wish to be heard? If your presentation will exceed three minutes, please submit
/ three copies of your statement to the hearing clerk along with this registration form.
L _ Do you wish to receive a copy of regulations, if any, resulting from this hearing?
Div ision of Environmental Mancgement.
North Caroline Department of Environment. Health. end Natural Resources